United States v. Reinhold Sommerstedt, 752 F.2d 1494 (9th Cir. 1985). · Go Syfert
United States v. Reinhold Sommerstedt, 752 F.2d 1494 (9th Cir. 1985). Cases Citing This Book View Copy Cite
61 citation events (22 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Antonio McDaniel (ca4, 2023-10-20)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Antonio McDaniel
4th Cir. · 2023 · confidence medium
See United States v. Dominguez-Maroyoqui, 748 F.3d 918, 921 (9th Cir. 2014) (citing United States v. Fernandez, 837 F.2d 1031, 1033 (11th Cir.1988) (chasing prosecutor down the street and bumping into him); United States v. Sommerstedt, 752 F.2d 1494, 1495 (9th Cir. 1985) (walking up to prosecutor and jolting her arm and shoulder); United States v. Hightower, 512 F.2d 60, 61 (5th Cir.1975) (grabbing wildlife agent’s jacket); United States v. Frizzi, 491 F.2d 1231 , 1231–32 (1st Cir. 1974) (spitting in mail carrier’s face)). 14 USCA4 Appeal: 20-7579 Doc: 79 Filed: 10/20/2023 Pg: 15 of 23 …
discussed Cited as authority (rule) United States v. Ama
10th Cir. · 2017 · confidence medium
Indeed, such cases do exist, as the following conduct has been deemed sufficient to sustain a conviction for a § 111(a) felony: spitting and throwing liquid substances on a federal employee, United States v. McIntosh, No. 16-3259, 676 Fed.Appx. 792, 793-95 , 2017 WL 343516 , *1-2 (10th Cir. Jan. 24, 2017) (unpublished); chasing after and bumping into a federal employee so long as “some amount of force” is used, United States v. Fernandez, 837 F.2d 1031, 1035 (11th Cir. *742 1988); and jolting a federal employee’s arm, again, so long as “some amount of force” is used, United States v…
discussed Cited as authority (rule) United States v. Dunlap
D. Or. · 2016 · confidence medium
Id. at 921-22 (citing United States v. Fernandez, 837 F.2d 1031, 1033 (11th Cir.1988); United States v. Sommerstedt, 752 F.2d 1494, 1495 (9th Cir.1985); United States v. Hightower, 512 F.2d 60, 61 (5th Cir.1975); United States v. Frizzi, 491 F.2d 1231, 1231-32 (1st Cir.1974)).
discussed Cited as authority (rule) United States v. Jose Gutierrez
9th Cir. · 2015 · confidence medium
The district court properly charged the jury with Ninth Circuit Model Criminal Jury Instruction § 8.3, see United States v. Acosta-Sierra, 690 F.3d 1111 , 1118 n. 3 (9th Cir.2012), and the supplemental instruction correctly defined conduct that would qualify as forcible assault, cf. United States v. Sommerstedt, 752 F.2d 1494, 1496-97 (9th Cir.1985) (“[A] defendant may be convicted of violating section 111 if he or she uses any force whatsoever....”).
discussed Cited as authority (rule) United States v. Carlos Dominguez-Maroyoqui (2×)
9th Cir. · 2014 · confidence medium
The statute requires proof of “at least some form of assault,” Chapman, 528 F.3d at 1221 , but we’ve held that an assault under § 111 “does not require that any particular level of force be used.” United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.1985).
discussed Cited as authority (rule) United States v. Robert Stoddard, Jr.
9th Cir. · 2011 · confidence medium
Congress’s original goal in enacting § 111 “was to give ‘maximum protection to federal officers[,]’ ” United States v. Sommerstedt, 752 F.2d 1494, 1497 (9th Cir.1985) (emphasis added) (quoting United States v. Feola, 420 U.S. 671, 684 , 95 S.Ct. 1255 , 43 L.Ed.2d 541 (1975)), from “the wrongful use of any force directed against them[,]” id.
discussed Cited as authority (rule) United States v. Harrison (2×)
9th Cir. · 2009 · confidence medium
While “a defendant may be convicted of violating section 111 if he ... uses any force whatsoever against a federal officer,” including a mere threat of force, United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.1985), the instruction here defined “force” out of the statute entirely by equating it with physical intimidation.
discussed Cited as authority (rule) United States v. Rex Harrison
9th Cir. · 2009 · confidence medium
While “a defendant may be convicted of violating section 111 if he . . . uses any force whatsoever against a federal officer,” including a mere threat of force, United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir. 1985), the instruction here defined “force” out of the statute entirely by equating it with physical intimida- tion.
discussed Cited as authority (rule) United States v. Rex Harrison
9th Cir. · 2009 · confidence medium
While “a defendant may be convicted of violating section 111 if he . . . uses any force whatsoever against a federal officer,” including a mere threat of force, United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir. 1985), the instruction here defined “force” out of the statute entirely by equating it with physical intimida- tion.
discussed Cited as authority (rule) United States v. Hertular
2d Cir. · 2009 · confidence medium
Ijndeed, furtherance of the one policy advances the other.” United States v. Feola, 420 U.S. 671, 679 , 95 S.Ct. 1255 , 43 L.Ed.2d 541 (1975); United States v. Walker, 835 F.2d 983, 987 (2d Cir.1987) (noting § 111 purpose “to deter harm to certain federal officials and to deter interference with their law enforcement activities”); United States v. Sommerstedt, 752 F.2d 1494, 1497 (9th Cir.1985) (“The goal of Congress in enacting [§ 111] was to give maximum protection to federal officers.” (internal quotation marks omitted)).
discussed Cited as authority (rule) United States v. Chapman
9th Cir. · 2008 · confidence medium
The district court, relying on our decision in United States v. Sommerstedt, 752 F.2d 1494, 1496-97 (9th Cir.1985), concluded that to prove a violation of 18 U.S.C. § 111 (a)(1), “the government need only show that any level of force was used against a federal officer.” It held that “[t]hrough his affirmative and consistent refusal to obey Officer Buchanan’s requests and commands to move to the side as well as to get to the ground, Defendant acted knowingly and willfully while resisting, interfering, opposing and impeding the action of Officer Buchanan.” Finding Chapman guilty of th…
discussed Cited as authority (rule) United States v. Chapman
9th Cir. · 2008 · confidence medium
The district court, relying on our decision in United States v. Sommerstedt, 752 F.2d 1494, 1496-97 (9th Cir. 1985), concluded that to prove a violation of 18 U.S.C. § 111 (a)(1), “the government need only show that any level of force was used against a federal officer.” It held that “[t]hrough his affirmative and consistent refusal to obey Offi- cer Buchanan’s requests and commands to move to the side as well as to get to the ground, Defendant acted knowingly and willfully while resisting, interfering, opposing and imped- ing the action of Officer Buchanan.” Finding Chapman guilty …
discussed Cited as authority (rule) United States v. Chinh Quoc Pham
9th Cir. · 2004 · confidence medium
“A trial court must instruct the jury on a defendant’s theory of the case only if the evidence sufficiently supports the theory and the theory is supported by law.” United States v. Ravel, 930 F.2d 721, 726 (9th Cir.1991) (quoting United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.1985)).
cited Cited as authority (rule) United States v. Gass
4th Cir. · 1996 · confidence medium
United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), cert. denied, 474 U.S. 851 (1985).
cited Cited as authority (rule) United States v. Albert Gass, Jr.
4th Cir. · 1996 · confidence medium
United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), cert. denied, 474 U.S. 851 (1985).
discussed Cited as authority (rule) United States v. Michael Charles Griggs
9th Cir. · 1995 · confidence medium
Nor must the government demonstrate that any particular level of force was used; a defendant may be convicted under Sec. 111 "if he or she uses any force whatsoever against a federal officer." United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), cert. denied, 474 U.S. 851 (1985).
discussed Cited as authority (rule) United States v. Alexander D. McCord
9th Cir. · 1993 · confidence medium
In deciding whether to declare a mistrial, "the district court should take all relevant circumstances into account rather than apply an abstract formula." United States v. Sommerstedt, 752 F.2d 1494, 1498 (9th Cir.) (citation omitted), amended, 760 F.2d 999 , cert denied, 474 U.S. 851 (1985).
discussed Cited as authority (rule) United States v. Esaul Diaz
9th Cir. · 1993 · confidence medium
Sec. 111 is defined as "a willful attempt to inflict injury upon the person of another," or a threat and apparent ability to inflict injury which "cause[ ] a reasonable apprehension of immediate bodily harm." United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), amended on other grounds, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 (1985).
discussed Cited as authority (rule) United States v. Gonzalo Gutierrez-Diaz, AKA Gonzalo Diaz Gutierrez
9th Cir. · 1992 · confidence medium
In fact, there is some evidence indicating that appellant was not even aware of the expungement statute: in response to the question immediately following the "arrested, convicted" question, appellant answered that he had not "been the beneficiary of a pardon, amnesty, rehabilitation decree, [or] other act of clemency or similar action." A trial court is obligated to instruct the jury on a defense theory "only if the evidence sufficiently supports the theory." United States v. Aguilar, 883 F.2d 662, 682 (9th Cir.1989), cert. denied, 111 S.Ct. 751 (1991) (quoting United States v. Sommerstedt, 7…
discussed Cited as authority (rule) United States v. Rigoberto Najera Rodriguez
9th Cir. · 1992 · confidence medium
United States v. Sommerstedt, 752 F.2d 1494, 1498 (9th Cir.), amended, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 (1985). 5 A lesser-included offense instruction is only required if there is an applicable lesser-included offense.
discussed Cited as authority (rule) United States v. David McHenry United States of America v. John Gulde (2×) also: Cited "see"
9th Cir. · 1991 · confidence medium
United States v. Sommerstedt, 752 F.2d 1494, 1497 (9th Cir.1985), cert. denied, 474 U.S. 851 (1985).
discussed Cited as authority (rule) United States v. Jesus Felix-Gutierrez
9th Cir. · 1991 · confidence medium
With respect to appellant’s assertion that the district court failed to instruct the jury as to the defense’s theory, “[a] trial court must instruct the jury on the defendant’s theory of the case only if the *1211 evidence sufficiently supports the theory and the theory is supported by the law.” United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), amended, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985).
discussed Cited as authority (rule) United States v. Francis Ravel
9th Cir. · 1991 · confidence medium
“A trial court must instruct the jury on a defendant’s theory of the case only if the evidence sufficiently supports the theory and the theory is supported by law.” United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), modified on other grounds, 760 F.2d 999 , cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985).
discussed Cited as authority (rule) United States v. Sandra Hernandez, A/K/A \Cha Cha
unknown court · 1991 · confidence medium
The statute may be violated, however, by minimal physical contact, see, e.g., Fernandez, 837 F.2d at 1035 (chasing and bumping into official); United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), amended by 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985) (jolting arm and shoulder); United States v. Frizzi, 491 F.2d 1231 (1st Cir.1974) (spitting) or even without the presence of any physical contact, see, e.g., United States v. Walker, 835 F.2d 983, 987 (2d Cir.1987) (forcible assault may be “established by proof of threats rather than by pr…
discussed Cited as authority (rule) United States v. James Cantu Sanchez (2×) also: Cited "see"
9th Cir. · 1990 · confidence medium
United States v. Sommerstedt, 752 F.2d 1494, 1498 (9th Cir.), modified on other grounds, 760 F.2d 999 , cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985).
discussed Cited as authority (rule) United States v. Stuart H. Newton, United States of America v. Thomas W. Gilbert
1st Cir. · 1989 · confidence medium
Olmstead, 832 F.2d at 647 -48 (citing United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985)); United States v. Dyer, 821 F.2d 35, 38-39 (1st Cir.1987); United States v. Zeuli, 725 F.2d 813, 817 (1st Cir.1984); United States v. Morris, 700 F.2d 427, 433 (1st Cir.), cert. denied, 461 U.S. 947 , 103 S.Ct. 2128 , 77 L.Ed.2d 1306 (1983).
discussed Cited as authority (rule) United States v. Maria Del Socorro Pardo Viuda De Aguilar, United States of America v. Anthony Clark, A/K/A Antonio Clark, United States of America v. Sister Darlene Nicgorski, School Sisters of Saint Francis, United States of America v. Philip M. Willis-Conger, A/K/A Phillip M. Conger, United States of America v. John M. Fife, United States of America v. Margaret Jean Hutchison, A/K/A Peggy Hutchison, United States of America v. Wendy Lewin, United States of America v. Ramon Dagoberto Quinones
9th Cir. · 1989 · confidence medium
The government also fails to establish that Oscar is in conflict with either United States v. Harding, 432 F.2d 1218 (9th Cir.1970), or United States v. Martin-Plascencia, 532 F.2d 1316 (9th Cir.), cert. denied, 429 U.S. 894 , 97 S.Ct. 255 , 50 L.Ed.2d 177 (1976). 16 2 79 "A trial court must instruct the jury on a defendant's theory of the case only if the evidence sufficiently supports the theory and the theory is supported by the law." United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), amended, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1…
discussed Cited as authority (rule) United States v. Aguilar
9th Cir. · 1989 · confidence medium
The government also fails to establish that Oscar is in conflict with either United States v. Harding, 432 F.2d 1218 (9th Cir.1970), or United States v. Martin-Plascencia, 532 F.2d 1316 (9th Cir.), cert. denied, 429 U.S. 894 , 97 S.Ct. 255 , 50 L.Ed.2d 177 (1976). 16 2 “A trial court must instruct the jury on a defendant’s theory of the case only if the evidence sufficiently supports the theory and the theory is supported by the law." United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), amended, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (…
discussed Cited as authority (rule) United States v. Maria Del Socorro Pardo Viuda De Aguilar, United States of America v. Anthony Clark, A/K/A Antonio Clark, United States of America v. Sister Darlene Nicgorski, School Sisters of Saint Francis, United States of America v. Philip M. Willis-Conger, A/K/A Phillip M. Conger, United States of America v. John M. Fife, United States of America v. Margaret Jean Hutchison, A/K/A Peggy Hutchison, United States of America v. Wendy Lewin, United States of America v. Ramon Dagoberto Quinones
9th Cir. · 1989 · confidence medium
The government also fails to establish that Oscar is in conflict with either United States v. Harding, 432 F.2d 1218 (9th Cir.1970), or United States v. Martin-Plascencia, 532 F.2d 1316 (9th Cir.), cert. denied, 429 U.S. 894 , 97 S.Ct. 255 , 50 L.Ed.2d 177 (1976). 16 2 79 "A trial court must instruct the jury on a defendant's theory of the case only if the evidence sufficiently supports the theory and the theory is supported by the law." United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), amended, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1…
discussed Cited as authority (rule) United States v. de Aguilar
9th Cir. · 1989 · confidence medium
The government also fails to establish that Oscar is in conflict with either United States v. Harding, 432 F.2d 1218 (9th Cir.1970), or United States v. Martin-Plascencia, 532 F.2d 1316 (9th Cir.), cert. denied, 429 U.S. 894 , 97 S.Ct. 255 , 50 L.Ed.2d 177 (1976). 16 2 “A trial court must instruct the jury on a defendant’s theory of the case only if the evidence sufficiently supports the theory and the theory is supported by the law.” United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), amended, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123…
cited Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. James E. KESSI, Defendant-Appellant
9th Cir. · 1989 · confidence medium
United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985).
discussed Cited as authority (rule) United States v. John Anthony Fernandez
11th Cir. · 1988 · confidence medium
United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.) (evidence that defendant jolted Assistant United States Attorney’s arm and shoulder was sufficient to support conviction under section 111), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985); United States v. Mathis, 579 F.2d 415, 418 (7th Cir.1978) (evidence that accused used some quantum of force or threat of force is sufficient to support conviction under section 111).
discussed Cited as authority (rule) United States v. Robert Wayne Hohman (2×) also: Cited "see"
9th Cir. · 1987 · confidence medium
United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), amended, 760 F.2d 999 , cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985).
discussed Cited as authority (rule) United States v. Susan Ann Vincent
9th Cir. · 1985 · confidence medium
STANDARDS OF REVIEW “In reviewing a jury’s verdict we must view the evidence in the light most favorable to the government and must draw all reasonable inferences supporting the conviction.” United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.1985).
cited Cited "see" United States v. Edward Alarcon
9th Cir. · 2014 · signal: see · confidence high
See United States v. Sommerstedt, 752 F.2d 1494, 1497-98 (9th Cir.1985).
discussed Cited "see" United States v. Enrique Acosta-Sierra
9th Cir. · 2012 · signal: see · confidence high
See United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.1985); cf. Feola, 420 U.S. at 684-86 , 95 S.Ct. 1255 ; see generally United States v. Beltran-Garcia, 179 F.3d 1200 , 1205 n. 4 (9th Cir.1999) (recognizing that it is permissible for a fact finder to infer that a person intends the natural and probable consequences of acts done knowingly).
discussed Cited "see" United States v. Robert Longee
9th Cir. · 2010 · signal: see · confidence high
See United States v. Sommerstedt, 752 F.2d 1494, 1498 (9th Cir.1985) (affirming a district court’s decision not to declare a mistrial and instead to order the jury to deliberate for an additional full day).
discussed Cited "see" Studebaker v. Uribe
C.D. Cal. · 2009 · signal: see · confidence high
See United States v. Sommerstedt, 752 F.2d 1494, 1497-98 (9th Cir.), amended by 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985) (“A jury’s statement that it currently is deadlocked is, by itself, an insufficient ground for declaring a mistrial.”).
cited Cited "see" Luis Valenzuela RODRIGUEZ, Petitioner-Appellant, v. Charles D. MARSHALL, Respondent-Appellee
9th Cir. · 1997 · signal: see · confidence high
See United States v. Sommerstedt, 752 F.2d 1494, 1497-98 (9th Cir.), modified, 760 F.2d 999 (9th Cir.1985).
discussed Cited "see" United States v. James Staples
9th Cir. · 1996 · signal: see · confidence high
See United States v. Green, 962 F.2d 938, 944 (9th Cir.1992) (citing United States v. Sommerstedt, 752 F.2d 1494, 1498 (9th Cir.), as amended, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 (1985)).
discussed Cited "see" United States v. Jerry Span, United States of America v. Darlene Span (2×)
9th Cir. · 1992 · signal: see · confidence high
See Kessi, 868 F.2d at 1103 (a defendant is entitled to any theory of defense instruction that is supported by law and by the evidence presented at trial) (citing United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985)). 5 The Spans’ assertion of self-defense at trial did not establish sufficient foundation for an instruction on an excessive force theory of defense.
discussed Cited "see" United States v. John Anthony Green
9th Cir. · 1992 · signal: see · confidence high
See United States v. Sommerstedt, 752 F.2d 1494, 1498 (9th Cir.) (jury’s statement that it is deadlocked is not sufficient by itself to warrant a mistrial), amended, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 , 106 S.Ct. 149 , 88 L.Ed.2d 123 (1985).
discussed Cited "see" United States v. Weeks
9th Cir. · 1989 · signal: see · confidence high
See United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.1985), cert. denied, 474 U.S. 851 (1985). 4 Viewing the jury instructions as a whole, Weeks' contention that the instruction criminalized protected activity because it did not require imminence is also without merit.
discussed Cited "see, e.g." McMillan v. Weathersby
9th Cir. · 2002 · signal: see also · confidence medium
Abel, 469 U.S. at 48, 52-53 ; see also United States v. Sommerstedt, 752 F.2d 1494, 1499 (9th Cir. 1985) (holding that evidence that witnesses were members of a tax protester organization was properly admitted to show bias).
discussed Cited "see, e.g." United States v. Kenny Dickens and Melvin Lester
9th Cir. · 1985 · signal: see also · confidence medium
See also United States v. Sommerstedt, 752 F.2d 1494, 1499 (9th Cir.1985) (holding that evidence that defense witnesses were members of *1059 the same organization of tax protesters as defendant was properly admitted to show bias).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Reinhold SOMMERSTEDT, Defendant-Appellant
84-5116.
Court of Appeals for the Ninth Circuit.
Feb 7, 1985.
752 F.2d 1494
1985 U.S. App. LEXIS 28725
Richard E. Drooyan, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee., Joe Alfred Izen, Jr., Houston, Tex., for defendant-appellant.
Pregerson, Boochever, Orrick.
Cited by 51 opinions  |  Published
PREGERSON, Circuit Judge:

Reinhold Sommerstedt appeals his conviction for assaulting Christine Byrd, an Assistant United States Attorney, in violation of 18 U.S.C. § 111 (1982). We have jurisdiction to hear this appeal under 28 U.S.C. § 1291 (1982). We affirm.

FACTS

On December 5, 1983, Sommerstedt was a spectator at the oral argument in United States v. Condo, 741 F.2d 238 (9th Cir.1984) (per curiam). The defendant-appellant in that case, Armen Condo, appearing in pro. per., operated a group called “Your Heritage Protection Association.” Sommerstedt was a member of the group. Arguing against Condo’s position on appeal was Assistant United States Attorney Christine Byrd.

The argument was held in the City Council Chambers of the Pasadena City Hall. Just before the conclusion of Condo’s rebuttal, a member of the court told Condo that he was “fighting a lonely battle.” In response to this remark, Sommerstedt stood up silently for the last one or two minutes of the argument.

After oral argument, Sommerstedt approached Alan Lipkin, a special agent for the Internal Revenue Service (IRS), who was moving toward the courtroom exit. Lipkin had supervised the investigation against Condo. Sommerstedt asked Lipkin in a loud, threatening manner whether he headed the IRS group investigating tax protesters. After Lipkin responded affirmatively, Sommerstedt demanded that Lipkin return records seized from Sommerstedt’s employer, Scientific Asset Management, pursuant to a search warrant. Lipkin told Sommerstedt that he was the subject of a grand jury investigation and should direct his questions to a United States attorney.

Five minutes later, Assistant United States Attorney Christine Byrd was in the hallway outside the courtroom conversing with several United States deputy marshals and IRS agents about the proceedings. By now, Sommerstedt was standing at the opposite end of the hallway in a large group of people that included Condo. Sommerstedt then broke off from the group and walked toward the end of the hallway where Byrd was standing. Sommerstedt alleged that he turned sideways to make his way through the group in which Byrd was standing. Another defense witness testified that if Sommerstedt made contact with Byrd at all, he merely brushed against her. Prosecution witnesses, however, testified that Sommerstedt walked briskly up to Byrd, jolted her left arm and shoulder with his left side, and then hurried away without saying a word. Byrd suffered no physical injury but testified that she was shocked and upset by the collision.

STANDARD OF REVIEW

Sommerstedt contends that the evidence was insufficient to support the jury’s[*1496] verdict. In reviewing a jury’s verdict we must view the evidence in the light most favorable to the government and must draw all reasonable inferences supporting the conviction. United States v. Francisco, 536 F.2d 1293 (9th Cir.), cert. denied, 429 U.S. 942, 97 S.Ct. 360, 50 L.Ed.2d 312 (1976); United States v. Beecroft, 608 F.2d 753, 756 (9th Cir. 1979). There was ample evidence for the jury to conclude that Sommerstedt deliberately jolted Byrd’s left arm and shoulder with his left side.

PROPOSED JURY INSTRUCTION

Defense counsel attempted to prove at trial that if Sommerstedt made contact with Byrd at all, he merely brushed against her. Therefore, defense counsel requested that the district court give a jury instruction entitled “Offensive Touching — Required Degree of Aggravation.” The instruction stated in part:

Section 111 is not meant to sweep in all harassment of Government officials involving “laying a finger” on them____ Under the statute, there are circumstances and environmental factors which make the slightest amount of physical contact between the Defendant and the Government official illegal. In the present case, however, no such aggravating circumstances or “environmental factors” are present.

Sommerstedt contends that the district court erred in refusing to give this instruction.

A trial court must instruct the jury on a defendant’s theory of the case only if the evidence sufficiently supports the theory and the theory is supported by law. United States v. Davis, 597 F.2d 1237, 1239 (9th Cir.1979). Sommerstedt’s theory is not supported by law.

The defensive theory, indicated in the proposed instruction, is that Sommerstedt could not be convicted under section 111 unless he used more than a minimal level of force against Assistant United States Attorney Christine Byrd. He bases his theory on Congress’s use of the word “forcibly” in section 111, which provides in part:

Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of his official duties, shall be fined no more than $5,000 or imprisoned not more than three years, or both. [1]

We reject Sommerstedt’s theory because we find that “forcibly” means only that some amount of force must be used. See United States v. Abraham, 627 F.2d 205 (9th Cir.1980) (per curiam). Appellants in Abraham had been convicted under 18 U.S.C. § 111 for assaulting an FBI agent while he was serving process. They argued that the jury should have been instructed on 18 U.S.C. § 1501, which made it a misdemeanor to assault an authorized person serving process, because less force was required to make out a violation of section 1501 than of section 111. We stated that we found “nothing in the language of the two statutes, the legislative history, or the cited authorities to suggest such a distinction” between the two statutes. Id. at 207.

Because section 1501 outlaws “assaults,” Abraham stands for the proposition that no more force is required to make out a violation of section 111 than is required for an assault under section 1501. An assault “is committed by either a willful attempt to inflict injury upon the person of another, or by a threat to inflict injury upon the person of another which, when coupled with an apparent present ability, causes a reasonable apprehension of immediate bodily harm.” United States v. Dupree, 544 F.2d 1050, 1051 (9th Cir.1976) (per curiam). This definition does not require that any particular level of force be used. Therefore, we hold that a defendant may be convicted of violating section 111 if he or she uses any force whatsoever against a federal officer designated in 18 U.S.C. § 1114. See United States v. Frizzi, 491 F.2d 1231, 1232 (1st[*1497] Cir.1974) (spitting in the face of a mail carrier is a forcible assault under section 111 because this statute requires only “an application of force to the body of the victim” not “the infliction of bodily injury.” See also discussion in United States v. Corbitt, 675 F.2d 626, 629 (4th Cir.1982) (defendant convicted under 18 U.S.C. § 111 for twice pushing away a narcotics agent who sought to detain defendant’s shoulder bag until agent could procure a search warrant); United States v. Mathis, 579 F.2d 415, 418 (7th Cir.1978) (“A verdict of guilty of assault or interference with a federal official without a weapon under 18 U.S.C. § 111 requires evidence that the defendant used some quantum of force or threat of force in committing the offense”); United States v. Alsondo, 486 F.2d 1339, 1345 (2d Cir.1973) (lifting a hand menacingly, as though to shove a federal narcotics agent, and shoving the agent, are “both acts sufficient to constitute a crime under section 111”), rev’d on other grounds sub nom. United States v. Feola 420 U.S. 671, 95 S.Ct. 1255, 43 L.Ed.2d 541 (1975).

Sommerstedt’s reliance on United States v. Bamberger, 452 F.2d 696 (2d Cir.1971), cert. denied, 405 U.S. 1043, 92 S.Ct. 1326, 31 L.Ed.2d 585 (1972), is misplaced. The appellants in Bamberger were convicted under section 111 for their participation in an incident in a maximum security prison. They contended, as does Sommerstedt, that the district court erroneously defined “forcibly” in its jury instructions. But their claim of error was entirely different from Sommerstedt’s. The appellants in Bamberger conceded that certain “situations in which there is incidental touching or no touching at all can give rise to violations” of section 111. Id. at 699. Their contention on appeal was that the district court erred because its instruction emphasized the quantum of touching but failed to explain that the defendants must have used or attempted to use force “as a method of persuasion of a federal official.” Id. Although the court noted that the charge may have unwisely emphasized the importance of mere touching, [2] “taken as a whole it was not misleading” and “adequately defined the elements of the crime.” Id. at 700.

Public Policy

The goal of Congress in enacting 18 U.S.C. § 111 in 1934 was to give “maximum protection to federal officers____” United States v. Feola, 420 U.S. 671, 684, 95 S.Ct. 1255, 1263, 43 L.Ed.2d 541 (1975). Fulfillment of this goal required “the highest possible degree of certainty that those who killed or assaulted federal officers were brought to justice.” Id. Sommerstedt asks us to hold that section 111 is not implicated by the use of a small amount of force against a federal officer. Such a ruling would create uncertainty as to the degree of severity of assaults on federal officers punishable under section 111. Such uncertainty would frustrate Congress’s goal in enacting this statute.

The present case illustrates why federal officers, in performing their duties, should have maximum protection from the wrongful use of any force directed against them. An assistant United States attorney is responsible for prosecuting persons accused of federal offenses. While she was not physically injured by Sommerstedt’s wrongful assault, if this incident goes unpunished, government counsel might conceivably be deterred from vigorously prosecuting criminal defendants to the best of her abilities.

COERCION OF THE VERDICT

Sommerstedt argues that the district court coerced a verdict by sending the jury back for deliberations after the foreperson indicated that the jury could not reach a unanimous verdict.

We review for abuse of discretion a district court’s decision whether to declare a mistrial when a jury indicates that it is deadlocked. United States v. See, 505 F.2d 845, 850 (9th Cir.1974) (citing Illinois v. Sommerville, 410 U.S. 458, 462, 93 S.Ct.[*1498] 1066, 1069, 35 L.Ed.2d 425 (1973); Gori v. United States, 367 U.S. 364, 368, 81 S.Ct. 1523, 1526, 6 L.Ed.2d 901 (1961)), cert. denied sub nom. Gordon v. United States, 420 U.S. 992, 95 S.Ct. 1428, 43 L.Ed.2d 673 (1975).

In deciding whether to declare a mistrial, the district court should take all relevant circumstances into account rather than apply an abstract formula. United States v. See, 505 F.2d at 851. A jury’s statement that it currently is deadlocked is, by itself, an insufficient ground for declaring a mistrial. Id; see also United States v. Ross, 626 F.2d 77, 81 (9th Cir.1980) (trial judge did not abuse discretion by not declaring mistrial after jury failed to reach verdict on all counts after a full day of deliberations).

Here, jury deliberations began on Friday, March 30, at 9:00 a.m. At 2:12 p.m. that afternoon the foreperson sent a note to the judge stating: “The jury is unable to reach a unanimous verdict.” The judge put the jurors in the box and instructed them on the importance of reaching a verdict. He then asked the foreperson whether the jury could reach a verdict if it deliberated a little longer. The foreperson replied: “I don’t think that would serve any useful purpose, your Honor. I don’t think we would be able to reach a unanimous verdict.” The judge, nevertheless, sent the jury back for further deliberations at 3:36 p.m.

At 5:05 the judge received another notice from the jury stating that it was unable to reach a unanimous verdict. The judge again instructed the jury on the importance to the parties of having a verdict and asked the jury to resume deliberations on Monday, April 2, at 9:00 a.m. At 10:30 a.m. on April 2, the jury reached a unanimous verdict of guilty.

The record does not indicate that the jury was exhausted. Moreover, the jury had three full days of testimony to evaluate. Accordingly, we are unable to conclude that Judge Kenyon abused his broad discretion by asking the jury to deliberate for more than one day.

LESSER INCLUDED OFFENSE

Sommerstedt argues that the district court erred by not instructing the jury that it could find him guilty of violating 40 U.S.C. § 318b (1982), a lesser offense included within 18 U.S.C. § 111. Sommerstedt did not request such an instruction below. Therefore, he is entitled to a new trial only if the district court’s failure to instruct the jury on section 318b was plain error. See Fed.R.Crim.P. 30, 52(b).

We find that the district court’s failure to give an instruction on section 318b was neither plain error nor error at all. An offense under section 318b may take place only on property under the “administration and control” of the United States and “over which the United States has acquired exclusive or concurrent jurisdiction.” 40 U.S.C. § 318b. Sommerstedt introduced no evidence that the Pasadena City Hall, where he jolted Byrd, meets either of these conditions.

ELICITING OF PREJUDICIAL EVIDENCE

Sommerstedt argues that the district court erred in denying his motion for mistrial because the prosecution elicited prejudicial evidence on cross-examination of a defense witness. The prosecution asked witness Wesley Stepp: “The first time then that you knew anything about the Condo case came from Mr. Sommerstedt?” Stepp answered: “I read something in the paper about him being convicted of mail fraud.”

We review a district court’s denial of a motion for mistrial for abuse of discretion, United States v. Hodges, 566 F.2d 674, 676 (9th Cir.1977) (per curiam), and find that the district court correctly denied the motion for two reasons.

First, the government’s questioning of Wesley Stepp was not improper. The government did not ask Stepp about the nature of Condo’s case. Rather, Stepp’s answer was unresponsive to the question.[*1499] Second, the district court cautioned the jury immediately after Mr. Stepp’s answer, thereby curing any potential harm from his answer. See United States v. Buras, 633 F.2d 1356, 1360-61 (9th Cir.1980) (district court correct in not declaring mistrial following improper questioning of defendant where court sustained defendant’s objection and gave curative instructions immediately thereafter and again at close of trial); Hodges, 566 F.2d at 676 (district court did not abuse its discretion in denying motion for mistrial where prosecution made reference in cross-examination to defendant’s kidnapping conviction but court immediately instructed jury to disregard the matter and it did not appear that jury was improperly influenced).

IMPEACHMENT OF WITNESSES

Sommerstedt contends that the district court erred in allowing the government to impeach defense witnesses by eliciting testimony about their beliefs. Specifically, Sommerstedt contends that the government improperly elicited testimony that he and other defense witnesses were associated with Condo, a convicted felon, and that they shared Condo’s anti-tax beliefs. As for Sommerstedt, the testimony was clearly relevant to show his alleged motive and intent to intimidate or interfere with an Assistant United States Attorney’s' performance of her duties.

As for testimony that other defense witnesses were associated with Condo, any doubt that may have existed about the admissibility of this testimony was dispelled by the Supreme Court’s decision in United States v. Abel, — U.S. —, 105 S.Ct. 465, 83 L.Ed.2d 450 (1984), rev’g 707 F.2d 1013 (9th Cir.1983). Respondent in Abel argued that his bank robbery conviction should have been overturned because the district court allowed the prosecution to elicit testimony that respondent and his key witness, Robert Mills, belonged to a “ ‘secret type of prison organization’ which had a creed requiring members to deny its existence and lie for each other.” Id. 103 S.Ct. at 467. The Court held that this testimony was admissible because it showed Mill’s possible bias toward respondent. [3] Id.

Two of the Court’s findings are most relevant here. First, the Court found that “[pjroof of bias is almost always relevant because the jury, as finder of fact and weigher of credibility, has historically been entitled to assess all evidence which might bear on the accuracy and truth of a witness’ testimony.” Id. at 469. [4] Second, the Court found that membership of a party and a witness in the same organization, even without proof that either one has adopted the tenets of the organization, is probative of bias. Id. If testimony of membership alone is probative of bias, then testimony that Sommerstedt and other defense witnesses were associated with Condo and shared his anti-tax beliefs was clearly admissible to prove the bias of these witnesses.

OTHER CONTENTIONS MERITLESS

Finally, Sommerstedt contends that the district court should have dismissed the indictment and that the district court was biased in favor of the government at trial. Our review of the record satisfies us that these contentions are meritless.

AFFIRMED.

1

. Assistant United States attorneys are designated in 18 U.S.C. § 1114 (1982).

2

. The jury instruction stated in part: "If there is force, no matter how slight ... that would be sufficient” for a conviction under section 111. Bamberger, 452 F.2d at 698.

3

. The Court defined bias as "the relationship between a party and a witness which might lead the witness to slant, unconsciously or otherwise, his testimony in favor or against a party." Abel, 105 S.Ct. at 469.

4

. In Abel, the Court also observed that “[i]f the organization is a loosely knit group having nothing to do with the subject matter of the litigation, the inference of bias arising from common membership may be small or non-existent." 105 S.Ct. at 470. In the instant case, the organization may well have been loosely knit, but its purpose was closely related to the subject matter of the litigation.