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    United States v. Michael Farr, 487 F.2d 1023, 2d Cir. (1973)

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    This document is a court case summary from the United States Court of Appeals for the Second Circuit. Michael Farr was convicted along with co-defendants of assaulting federal narcotics agents and conspiring to do so. The court had previously reversed the conspiracy convictions of Farr's co-defendants due to a lack of evidence that the defendants knew the victims were federal agents. For the same reason, the court reverses Farr's conspiracy conviction and dismisses the charge. However, the court affirms Farr's conviction for assaulting federal officers based on its supplemental opinion issued the same day.

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    United States v. Michael Farr, 487 F.2d 1023, 2d Cir. (1973)

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    This document is a court case summary from the United States Court of Appeals for the Second Circuit. Michael Farr was convicted along with co-defendants of assaulting federal narcotics agents and conspiring to do so. The court had previously reversed the conspiracy convictions of Farr's co-defendants due to a lack of evidence that the defendants knew the victims were federal agents. For the same reason, the court reverses Farr's conspiracy conviction and dismisses the charge. However, the court affirms Farr's conviction for assaulting federal officers based on its supplemental opinion issued the same day.

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    Filed: 1973-11-19 Precedential Status: Precedential Citations: 487 F.2d 1023 Docket: 165

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    This document is a court case summary from the United States Court of Appeals for the Second Circuit. Michael Farr was convicted along with co-defendants of assaulting federal narcotics agents and conspiring to do so. The court had previously reversed the conspiracy convictions of Farr's co-defendants due to a lack of evidence that the defendants knew the victims were federal agents. For the same reason, the court reverses Farr's conspiracy conviction and dismisses the charge. However, the court affirms Farr's conviction for assaulting federal officers based on its supplemental opinion issued the same day.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    16 views2 pages

    United States v. Michael Farr, 487 F.2d 1023, 2d Cir. (1973)

    Uploaded by

    Scribd Government Docs
    This document is a court case summary from the United States Court of Appeals for the Second Circuit. Michael Farr was convicted along with co-defendants of assaulting federal narcotics agents and conspiring to do so. The court had previously reversed the conspiracy convictions of Farr's co-defendants due to a lack of evidence that the defendants knew the victims were federal agents. For the same reason, the court reverses Farr's conspiracy conviction and dismisses the charge. However, the court affirms Farr's conviction for assaulting federal officers based on its supplemental opinion issued the same day.

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    of 2

    487 F.

    2d 1023

    UNITED STATES of America, Appellee,


    v.
    Michael FARR, Defendant-Appellant.
    No. 165, Docket 73-1797.

    United States Court of Appeals,


    Second Circuit.
    Argued Oct. 2, 1973.
    Decided Nov. 19, 1973.

    H. Elliot Wales, New York City (Albert J. Gaynor, New Rochelle, N. Y.,
    on the brief), for appellant.
    Jed S. Rakoff, Asst. U. S. Atty., (Paul J. Curran, U. S. Atty., S. D. N. Y.,
    John D. Gordan, III, Asst. U. S. Atty., on the brief), for appellee.
    Before LUMBARD, FEINBERG and TIMBERS, Circuit Judges.
    PER CURIAM:

    After a jury trial in the United States District Court for the Southern District of
    New York before Charles L. Brieant, Jr., J., appellant Michael Farr, along with
    co-defendants Enriquito Alsondo, Ralph Feola and Henry Rosa, was convicted
    of assaulting federal narcotics agents engaged in their official duties and
    conspiring to do so, in violation of 18 U.S.C. Secs. 111 and 371.1 He was
    sentenced under the Youth Corrections Act, 18 U.S.C. Secs. 5010(b), 4209, and
    now appeals his conviction.

    On July 13, 1973, this court handed down an opinion in the consolidated
    appeals of Alsondo, Feola and Rosa, United States v. Alsondo, 486 F.2d 1339;
    that decision recounts the underlying facts with respect to Farr as well as his
    three associates. Subsequently, we granted the Government's petition for a
    rehearing in the cases of Feola and Rosa, and, on the same day as this opinion,
    modified our earlier opinion. United States v. Alsondo, 486 F.2d 1339
    (November 1973). On reconsideration in Alsondo, we left standing our prior
    reversal of the conspiracy convictions-a point not challenged by the petition for

    rehearing-but reinstated the assault convictions. (Alsondo's substantive


    convictions had previously been affirmed, at 1346 n. 13 (2d Cir. July 13, 1973),
    and were not at issue on the rehearing.)
    3

    Our original decision in Alsondo reversed the conspiracy convictions,


    dismissing the counts, because the rationale of United States v. Crimmins, 123
    F.2d 271 (2d Cir. 1941), requires proof of scienter of the federal element of the
    crime (here, the victims' identity as government agents), which was lacking in
    that case. Because of the same evidentiary defect, we likewise reverse Farr's
    conviction of conspiring to assault federal officers, and dismiss the charge as to
    him.2 Similarly, for reasons stated in the supplemental Alsondo opinion filed
    today, we reject Farr's appeal on the substantive issue and affirm his conviction
    of assault under 18 U.S.C. Sec. 111.3

    Judgment of conviction for conspiracy reversed and charge dismissed.


    Judgment of conviction under 18 U.S.C. Sec. 111 affirmed.

    Alsondo was also convicted of unlawfully carrying a deadly weapon during the
    commission of a felony, in violation of 18 U.S.C. Sec. 924(c)(2)

    The Government's brief concedes the need to reverse appellant's conspiracy


    conviction on the authority of United States v. Alsondo, 486 F.2d 1339 (2d Cir.
    July 13, 1973)

    As the trial court stated in its charge, Farr and Feola are in the same position
    since no evidence was adduced that either personally assaulted the officers

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