United States v. Dowd
United States Court of Appeals for the Ninth Circuit
417 F.3d 1080 (2005)
- Written by Galina Abdel Aziz , JD
Facts
In May 2002, Michael Evans Dowd (defendant), an escaped felon, reconnected with his former girlfriend, Danna Johnson. One evening, Johnson confronted Dowd about Dowd’s drug use. Dowd swung at Johnson and tried to force her into a car. Later that night, Dowd punched, raped, and attempted to suffocate Johnson in their apartment. Dowd told Johnson he would leave for Montana and take her with him. Johnson attempted to escape to a nearby convenience store, but Dowd pushed her down and shoved her head into the car. Dowd threatened to kill Johnson’s family on the way to Montana. On two occasions, Johnson helped Dowd drive from Montana to Utah to purchase drugs. Throughout this time, Dowd repeatedly sexually assaulted Johnson and threatened her with a gun. On New Year’s Eve 2002, Johnson attempted to take control of the car from Dowd, but he grabbed her and threw her down an embankment. Dowd went to his mother’s home, leaving Johnson and the car. Johnson got into the car, drove to a friend’s house, and contacted the agents searching for Dowd. Dowd was charged with violating the federal interstate domestic-violence statute. A jury convicted him, and Dowd appealed.
Rule of Law
Issue
Holding and Reasoning (Fisher, J.)
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