United States v. Gregory

United States Court of Appeals
Fifth Circuit
F I L E D
April 26, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40245
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH GREGORY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CR-6-ALL
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Before JONES, Chief Judge, and BARKSDALE and BENAVIDES, Circuit
Judges.
PER CURIAM:*

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2
Kenneth Gregory challenges his conviction following a jury
trial for assaulting, resisting, and impeding a federal officer in
violation of 18 U.S.C. § 111(a)(1). Gregory waived his argument
that the district court erred when it failed to order a mistrial
sua sponte because he explicitly waived his right to challenge the
juror. United States v. Reveles, 190 F.3d 678, 682 (5th Cir.
1999); United States v. Musquiz, 45 F.3d 927, 931-32 (5th Cir.
1995).
Gregory’s argument that the evidence was not sufficient to
support his conviction because the Government failed to prove that
he intended to strike Officer Matt is unavailing. Because Gregory
was not required to know that he was striking a federal officer to
be criminally liable under § 111(a)(1), that he intended to assault
Officer Breaux and instead assaulted Officer Matt does not
exonerate him. United States v. Feola, 420 U.S. 671, 686 (1975);
United States v. Moore, 997 F.2d 30, 35 n.8 (5th Cir. 1993).
AFFIRMED.

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