Monday, September 05, 2022

US v. Anderson, No. 20-50207 (8-25-22)(Rawlinson w/Owens; dissent by Fletcher). The 9th considers whether a contracted private security guard threatened by defendant is an “official” under 18 USC 115 through a cross reference to 1114 which extends to those assisting officials.  The majority says “yes,” while acknowledging the ambiguity and confusion in the statute. The majority concludes the term “official” in 115 is not meant as a limitation. The dissent, Fletcher, says: yes it should. The statute is ambiguous and the language must be read as a limitation. It should not apply to this guard as an “official.” The Rule 29 should be granted. The majority joins the 3rd and 8th Circuits.

Interesting statutory issue and one that may have appeal to SCOTUS.

Righteous fight by Gia Kim, Deputy Public Defender, Cal Central (Los Angeles).



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