United States v. Rocha
United States Court of Appeals for the Ninth Circuit
598 F.3d 1144 (2010)
- Written by Carolyn Strutton, JD
Facts
Victor Rocha (defendant) was an inmate in a federal prison who participated in a fight that resulted in the death of another inmate, David Fischer. After four of Rocha’s friends had attacked and stabbed Fischer, Rocha came up behind Fischer and pulled Fischer’s feet out from under him, causing Fischer to fall to the ground. Rocha joined in the attack as it continued with Fischer on the ground, and Fischer later died of his injuries. Rocha was convicted of two counts: assault likely to produce great bodily harm under the California Penal Code as assimilated into federal law by the Assimilated Crimes Act (ACA), 18 U.S.C. § 13; and assault with a dangerous weapon under the federal assault statute, 18 U.S.C. § 113. Rocha appealed his convictions, alleging that the ACA did not properly assimilate the California statute, and that the evidence did not support the federal charge of assault with a dangerous weapon because he had only used his hands in the attack.
Rule of Law
Issue
Holding and Reasoning (Bybee, J.)
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