Summary Calendar UNITED STATES OF AMERICA v. Luis Miguel Macias

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-50205
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
LUIS MIGUEL MACIAS
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-1666-ALL
Before REAVLEY, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
Luis Miguel Macias appeals his conviction for assaulting a federal officer
on account of the performance of his official duties in violation of 18 U.S.C. § 111.
Macias does not dispute that he was the driver of a car that caused U.S.
Customs and Border Protection Officer Ronald Kraft to lose control of his
motorcycle or that Officer Kraft was injured in the resulting crash. Macias
argues, however, that the evidence shows only that both men were negligent and
that there is no evidence that Macias acted intentionally. Macias further argues
United States Court of Appeals
Fifth Circuit
F I L E D
December 18, 2008
Charles R. Fulbruge III
Clerk

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No. 08-50205
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that the evidence fails to show that he assaulted Officer Kraft on account of the
performance of his official duties because there is no evidence that Macias was
aware that Kraft was one of several Customs and Border Protection officers who
searched Macias’s vehicle earlier that night.
Our review of the evidence shows that a rational jury could have concluded
that Macias intentionally assaulted Officer Kraft and that the assault occurred
on account of the victim’s performance of his official duties. See United States
v. Pruneda-Gonzalez, 953 F.2d 190, 193 (5th Cir. 1992).
AFFIRMED.

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