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Unpublished Decisions

By Shari Allison

U.S. v. Niedlinger, 2009 WL 4282839 (12/2/09) (unpub'd) - Showing a badge, pointing out the possession of the badge, stating that, because of the badge, the defendant would not be pushed around any more and demanding to see the mayor without an appointment resulted in an overt act beyond the mere representation of claiming to be a U.S. Marshall to constitute a violation of 18 U.S.C. § 912, which prohibits acting as a federal official when you're not. The 10th rejected the defendant's contention that he had to be acting for a purported official purpose, not for personal vindication. All that's needed is an attempt to use the authority of the official to accomplish something. The jury instruction that the jury had to find the defendant "committed any act in the assumed role" sufficiently captured the meaning of "act as such" in the statute...continue to full post

Full post as published by Tenth Circuit Blog on December 09, 2009 (boomark / email).