United States v. Reyes-Lopez
United States v. Reyes-Lopez
Opinion of the Court
MEMORANDUM
On de novo review, we conclude 18 U.S.C. § 111 is not overly broad. The statute prohibits “forcible assault” on certain federal officers. United States v. Abraham, 627 F.2d 205, 206 (9th Cir. 1980) (per curiam) (emphasis added). It does not restrict protected speech in the form of purely verbal, non-threatening opposition.
We conclude the statute is not vague because “a reasonable person of ordinary intelligence would understand what conduct the statute prohibits.” United States v. Lee, 183 F.3d 1029, 1032 (9th Cir. 1999); see also Abraham, 627 F.2d at 206 (“The language of section 111 is not ambiguous.”).
Lastly, the district court did not abuse its discretion by declining to exercise its supervisory powers to dismiss Reyes-Lopez’s indictment as a sanction for official misconduct.
The district court is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.