US v. Passaro, No. 07-4249

Defendant's assault conviction is affirmed, where the "premises" of Asadabad, Afghanistan, where the offense occurred, constituted a United States "military mission" under 18 U.S.C. section 7(9), so as to render it within the criminal jurisdiction of a district court. However, his sentence is vacated where the district court must explicitly find by a preponderance of the evidence what, if any, instrumentality constituted the basis for a dangerous weapon enhancement.

Read US v. Passaro, No. 07-4249

Appellate Information

Argued: March 27, 2009

Decided: August 10, 2009

Judges

Opinion by Judge Motz

Counsel

For Appellant:

Joseph Bart Gilbert, Office of the Federal Public Defender, Raleigh, NC

For Appellee:

Banumathi Rangarajan, Office of the United States Attorney, Raleigh, NC