United States v. Hernandez-Fundora

58 F.3d 802 (1995)

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United States v. Hernandez-Fundora

United States Court of Appeals for the Second Circuit
58 F.3d 802 (1995)

Facts

Alberto Hernandez-Fundora (defendant) was convicted of assault within the special maritime and territorial jurisdiction of the United States. The sixth element of the crime was that the event must have taken place within the United States’ maritime and territorial jurisdiction. The judge instructed the jury that if the jury found that the assault took place in Raybrook, a federal prison, then the sixth element of the crime was satisfied. Following his conviction, Hernandez-Fundora appealed, arguing that the judge was required by Federal Rule of Evidence 201(f) to instruct the jury that the fact that Raybrook was within the United States’ maritime and territorial jurisdiction was a judicially noticed fact and that the jury was not required to accept this fact as conclusive.

Rule of Law

Issue

Holding and Reasoning (Mahoney, J.)

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