United States v. Reginald Loera, 923 F.2d 725 (9th Cir. 1991). · Go Syfert
United States v. Reginald Loera, 923 F.2d 725 (9th Cir. 1991). Cases Citing This Book View Copy Cite
86 citation events (60 in the last 25 years) across 20 distinct courts.
Strongest positive: Zepeda v. United States (azd, 2022-01-11)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited as authority (quoted) Zepeda v. United States
D. Ariz. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence low
at common law a criminal battery was shown if the defendant's 25 conduct was reckless . . . a defendant can be convicted of assault under section 113(f) if 26 a battery is proved.
cited Cited as authority (rule) United States v. Daniel Flint
9th Cir. · 2021 · confidence medium
United States v. Loera, 923 F.2d 725, 728 (9th Cir. 1991).
discussed Cited as authority (rule) State v. Claerhout (2×) also: Cited "see"
Kan. Ct. App. · 2017 · confidence medium
For example, several of the cases did not involve a challenge regarding the similarity of the earlier DUI with the DUI underlying the second-degree murder 33 charge as it related to proving relevancy: United States v. Tan, 254 F.3d 1204, 1209-13 (10th Cir. 2001); United States v. Loera, 923 F.2d 725, 729 (9th Cir. 1991); United States v. Fleming, 739 F.2d 945, 949 (4th Cir. 1984); Jeffries v. State, 169 P.3d 913, 924 (Alaska 2007); People v. Brogna, 202 Cal. App. 3d 700, 706 , 248 Cal. Rptr. 761 (1988); State v. Dushame, 136 N.H. 309, 317 , 616 A.2d 469 (1992); Commonwealth v. Diehl, 140 A.3d …
cited Cited as authority (rule) United States v. Yazzie
10th Cir. · 2017 · confidence medium
See United States v. Zunie, 444 F.3d 1230, 1235 (10th Cir. 2006); see also United States v. Ashley, 255 F.3d 907, 910-11 (8th Cir. 2001); United States v. Loera, 923 F.2d 725, 727-28 (9th Cir. 1991).
discussed Cited as authority (rule) United States v. Webster Norris, III
9th Cir. · 2011 · confidence medium
In United States v. Loera, 923 F.2d 725, 729 (9th Cir.1991), the defendant was convicted of one count of assault resulting in serious bodily injury, in violation of 18 U.S.C. § 113 (f), and he appealed.
discussed Cited as authority (rule) United States v. Pettigrew
10th Cir. · 2006 · confidence medium
Cf. Zunie, 444 F.3d at 1236 (10th Cir.2006) (affirming conviction under 18 U.S.C. § 113 (a)(6) where drunk-driving defendant injured child in crash); United States v. Ashley, 255 F.3d 907 (8th Cir.2001) (same); United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (same).
discussed Cited as authority (rule) United States v. David Pettigrew
10th Cir. · 2006 · confidence medium
Cf. Zunie, 444 F.3d at 1236 (10th Cir.2006) (affirming conviction under 18 U.S.C. § 113 (a)(6) where drunk-driving defendant injured child in crash); United States v. Ashley, 255 F.3d 907 (8th Cir.2001) (same); United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (same).
discussed Cited as authority (rule) State v. Bakka
N.J. Super. Ct. App. Div. · 2002 · confidence medium
Because those opinions do not separate out the license revocation evidence for discussion, see United States v. Loera, 923 F. 2d 725, 729 (9th Cir.), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed. 2d 128 (1991); State v. Vowell, 276 Ark. 258 , 634 S.W. 2d 118 (1982), they likewise provide no guidance on the issue before us.
discussed Cited as authority (rule) State v. N.I.
N.J. Super. Ct. App. Div. · 2002 · confidence medium
As used at common law, willful generally refers "to a volitional act ... [a] voluntary act ... in which the individual has the ability to choose his course of conduct.” United States v. Loera, 923 F.2d 725, 728 (9th Cir.1991).
discussed Cited as authority (rule) State v. NI
N.J. Super. Ct. App. Div. · 2002 · confidence medium
As used at common law, willful generally refers "to a volitional act ... [a] voluntary act ... in which the individual has the ability to choose his course of conduct." United States v. Loera, 923 F. 2d 725, 728 (9th Cir.1991). [5] As we have explained, the present charge with respect to willfully forsaking is inadequate.
cited Cited as authority (rule) United States v. Calbat
5th Cir. · 2001 · confidence medium
United States v. Loera, 923 F.2d 725, 727 (9th Cir.1991); United States v. Osborne, 164 F.3d 434, 440 (8th Cir.1999).
discussed Cited as authority (rule) United States v. Melford Ashley, Sr.
8th Cir. · 2001 · confidence medium
We compared Osborne's facts to the case of United States v. Loera, 923 F.2d 725, 727 (9th Cir. 1991), in which a drunken driver, in a truck with bad brakes, crossed over the center line and hit a car coming toward him, killing one passenger and seriously injuring another.
discussed Cited as authority (rule) United States of America v. Melford Ashley, Sr.
8th Cir. · 2001 · confidence medium
We compared Osborne’s facts to the case of United States v.. Loera, 923 F.2d 725, 727 (9th Cir.1991), in which a drunken driver, in a truck with bad brakes, crossed over the center line and hit a car coming toward him, killing one passenger and seriously injuring another.
discussed Cited as authority (rule) United States v. Tan
D.N.M. · 2000 · confidence medium
The Government heavily relies on two cases that held that evidence of prior DWI convictions is directly admissible to establish the element of malice required for the proof of second degree murder: United States v. Loera, 923 F.2d 725, 726 (9th Cir.1991) (limiting instructions were given by the court as the use of the prior convictions: “the prior convictions were properly admitted to establish the element of malice required for the proof of second degree murder.”) and United States v. Fleming, 739 F.2d 945, 949 (4th Cir.1984) (“the drunk driving record would not have been admissible to …
discussed Cited as authority (rule) United States v. Jane Doe (r.s.w.) (2×)
9th Cir. · 1998 · confidence medium
The legislative history of § 81 is silent as to the intended meaning of “willfully and maliciously.” In the absence of any indication to the contrary, we must assume that when Congress adopted the common law definition of the crime of arson-the willful and malicious burning of a building-it intended to adopt the meaning that common law gave that phrase. 2 Moskal v. United States, 498 U.S. 103, 116-17 , 111 S.Ct. 461, 469-70 , 112 L.Ed.2d 449 (1990) (where a federal criminal statute uses a common-law term of established meaning without otherwise defining it, the term must generally be give…
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis GARCIA-CAMACHO, Defendant-Appellant
9th Cir. · 1997 · confidence medium
Moreover, because “[t]he law will presume that a person intended the natural and probable consequences of his voluntary acts,” United States v. Loera, 923 F.2d 725, 728 (9th Cir.1991) (quotation omitted), holding Appellant accountable for the serious bodily injury which Agent Manen suffered as a consequence of Appellant’s assault does not turn section 111 into a strict liability offense.
cited Cited as authority (rule) United States v. Janine Wesley
9th Cir. · 1997 · confidence medium
United States v. Loera, 923 F.2d 725, 728 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Sambath So
9th Cir. · 1996 · confidence medium
United States v. Loera, 923 F.2d 725, 729 (9th Cir.), cert. denied, 502 U.S. 854 (1991). 15 Under Federal Rule of Evidence 803(6), business records are admissible if they are (1) made at or near the time of the event, (2) recorded by a person with knowledge, and (3) kept in the regular course of business.
discussed Cited as authority (rule) State v. Samonte
Haw. · 1996 · confidence medium
Approval as to form shall not affect the right of any party to appeal from any judgment, decree or order issued. 11 .The United States Court of Appeals for the Ninth Circuit held "that misdemeanor convictions can be admitted under the public records exception to the prohibition against hearsay.” United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (citing United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982), cert. denied, 464 U.S. 867 , 104 S.Ct. 205 , 78 L.Ed.2d 178 (1983)), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991).
cited Cited as authority (rule) Stroud v. Cook
D. Nev. · 1996 · confidence medium
United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991); United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982), cert. denied, 464 U.S. 867 , 104 S.Ct. 205 , 78 L.Ed.2d 178 (1983).
cited Cited as authority (rule) United States v. Lewey Sam
9th Cir. · 1996 · confidence medium
United States v. Loera, 923 F.2d 725, 727-28 (9th Cir.), cert. denied, 502 U.S. 854 (1991); see also United States v. Dayea, 32 F.3d 1377 , 1379 & n. 1 (9th Cir.1994).
discussed Cited as authority (rule) United States v. Jacqualine Brown
9th Cir. · 1993 · confidence medium
United States v. Loera, 923 F.2d 725, 728 (9th Cir.), cert. denied, 112 S.Ct. 164 (1991); United States v. Unruh, 855 F.2d 1363, 1373 (9th Cir.1987), cert. denied, 488 U.S. 974 (1988). 12 A volitional act on the part of the defendant is all that is necessary to show general intent: 13 A voluntary act is one in which the individual has the ability to choose his course of conduct.
cited Cited as authority (rule) United States of America, Plaintiff-Appellee-Cross-Appellant v. Gary Dean McInnis Defendant-Appellant-Cross-Appellee
9th Cir. · 1992 · confidence medium
United States v. Loera, 923 F.2d 725, 730 (9th Cir.), cert. denied, — U.S.-, 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991).
discussed Cited as authority (rule) United States v. Ruben Zuno-Arce
9th Cir. · 1992 · signal: cf. · confidence medium
Cf. United States v. Loera, 923 F.2d 725, 730 (9th Cir.) (admissibility of public record supported by circumstances showing that preparer had no motivation to falsify record), cert. denied, 112 S.Ct. 164 (1991). 23 The government also contends that the map was not admissible to show land ownership because there was no showing that the map accurately showed property rights.
cited Cited as authority (rule) United States v. Warren James Bland
9th Cir. · 1992 · confidence medium
United States v. Loera, 923 F.2d 725, 729 (9th Cir.), cert. denied, — U.S.-, 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991).
cited Cited as authority (rule) United States v. Juvenile Male
9th Cir. · 1991 · confidence medium
United States v. Loera, 923 F.2d 725, 728 (9th Cir.1991); W.R.
cited Cited "see" United States v. Littledog
9th Cir. · 2026 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 728 (9th Cir. 1991).
cited Cited "see" United States v. Sandoval
10th Cir. · 2020 · signal: see · confidence high
See Zunie, 444 F.3d at 1235 (discussing United States v. Ashley, 255 F.3d 907, 911 (8th Cir. 2001) and United States v. Loera, 923 F.2d 725, 730 (9th Cir. 1991)).
discussed Cited "see" Samuel Silk, Jr. v. United States
8th Cir. · 2020 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 728 (9th Cir. 1991) (citing, inter alia, F. Wharton, Wharton’s Criminal Law § 178 at 296 (C.
cited Cited "see" George L. Clay III v. State of Arkansas
Ark. Ct. App. · 2019 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 730 (9th Cir. 1991); United States v. Wilson, 690 F.2d 1267 , 1275 n.2 (9th Cir. 1982).
cited Cited "see" United States v. Flett
E.D. Wash. · 2019 · signal: see · confidence high
See Loera , 923 F.2d at 728 ("The term 'willful' as used at common law as an element of a general intent crime refers to a volitional act.
cited Cited "see" United States v. John Lieba, II
9th Cir. · 2018 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725 , 728–29 (9th Cir. 1991).
cited Cited "see" United States v. Alberto Garcia-Jimenez
9th Cir. · 2015 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 727-28 (9th Cir.1991).
cited Cited "see" United States v. Mack
D. Nev. · 2015 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 728 (9th Cir.1991).
discussed Cited "see" United States v. Norris (2×) also: Cited "see, e.g."
D. Ariz. · 2009 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 729 (9th Cir.1991) (explaining that “prior misdemeanor convictions for driving while intoxicated are ‘relevant to establish that the defendant had grounds to be aware of the risk his drinking and driving while intoxicated presented to others’ ”) Defendants lengthy history of incidents relating to drunk driving provides evidence that he was aware of the risks of driving while intoxicated, a factor that is directly relevant to the issue of malice; however, the Court is mindful that the danger of prejudice is also present.
cited Cited "see" United States v. Holt
9th Cir. · 2009 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 727 (9th Cir.1991). 3.
cited Cited "see" United States v. Holt
9th Cir. · 2009 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 727 (9th Cir.1991). 3.
discussed Cited "see" United States v. Donovan New
8th Cir. · 2007 · signal: see · confidence high
United States v. Spears, 469 F.3d 1166, 1170 (8th Cir. 2006) (en banc). -6- We agree with the view of several courts, summarized by the Tenth Circuit, that “[a] jury could infer from Defendant’s prior drunk driving convictions that he is especially aware of the problems and risks associated with drunk driving.” United States v. Tan, 254 F.3d 1204, 1210 (10th Cir. 2001); see United States v. Lorea, 923 F.2d 725, 729 (9th Cir. 1991); United States v. Fleming, 739 F.2d 945, 949 (4th Cir. 1984) (“[T]he driving record was relevant to establish that defendant had grounds to be aware of the r…
discussed Cited "see" United States v. Donovan New
8th Cir. · 2007 · signal: see · confidence high
We agree with the view of several courts, summarized by the Tenth Circuit, that “[a] jury could infer from Defendant’s prior drunk driving convictions that he is especially aware of the problems and risks associated with drunk driving.” United States v. Tan, 254 F.3d 1204, 1210 (10th Cir.2001); see United States v. Loera, 923 F.2d 725, 729 (9th Cir.1991); United States v. Fleming, 739 F.2d 945, 949 (4th Cir.1984) (“[T]he driving record was relevant to establish that defendant had grounds to be aware of the risk his drinking and driving while intoxicated presented to others.”).
cited Cited "see" United States v. Nguyen
9th Cir. · 2006 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991); United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982).
discussed Cited "see" United States v. Florentino
1st Cir. · 2004 · signal: see · confidence high
Florentino also seeks to paint the first tier as a discovery mechanism by noting that shortly after the two-tier system was abolished, provision was made for increased discovery obligations for the state 3 That is, entered based on the defendant's inexcusable conduct and not entered "casually or capriciously." Commonwealth v. Parillo, 29 Mass.App.Ct. 969 , 561 N.E.2d 516, 518-19 (1990) (upholding default and imposition of original sentence for defendant's being 75 minutes late to jury session); see also Commonwealth v. Coughlin, 372 Mass. 818 , 364 N.E.2d 210, 212-13 (1977). 4 See, e.g., Unite…
discussed Cited "see" United States v. Florentino
1st Cir. · 2004 · signal: see · confidence high
If this were necessary, the docket sheets would be covered by the public records exception to the hearsay rule, Fed.R.Evid. 803(8); see United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991); United States v. Vid-aure, 861 F.2d 1337, 1340-41 (5th Cir.1988), but a court in sentencing matters is not strictly bound by hearsay rules, see United States v. Rodriguez, 336 F.3d 67, 71 (1st Cir.2003).
cited Cited "see" United States v. Regnier
2d Cir. · 2002 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 727-28 (9th Cir.1991).
discussed Cited "see" United States v. Jolene Phillips, United States of America v. Jolene Phillips
9th Cir. · 1992 · signal: see · confidence high
See United States v. Loera, 923 F.2d 725, 728 (9th Cir.) ("A rational trier of fact could have found that Loera's conduct in driving while in a state of intoxication showed a reckless disregard for the safety of others."), cert. denied, 112 S.Ct. 164 (1991).
discussed Cited "see, e.g." – State v. Claerhout –
Kan. · 2019 · signal: see also · confidence medium
See also United States v. Loera, 923 F.2d 725, 729 (9th Cir. 1991) (prior convictions admitted to prove malice); United States v. Fleming, 739 F.2d 945, 949 (4th Cir. 1984) ("[T]he driving record was relevant to establish that defendant had grounds to be aware of the risk his drinking and driving while intoxicated presented to others.").
discussed Cited "see, e.g." State of Maine v. David W. Troy
Me. · 2014 · signal: see, e.g. · confidence medium
See, e.g., United States v. Loera, 923 F.2d 725, 729-31 (9th Cir.1991) (holding that testimony concerning the content of certified docket entries, admitted into evidence only through an FBI agent who read the docket entries into the record in lieu of admission of the redacted docket, was, pursuant to the public records exception to the hearsay rule under the Federal Rules of Evidence, admissible to show the existence of prior misdemeanor convictions for certain purposes); see also Vanderhorst v. Texas, 821 S.W.2d 180, 183 (Tex.Ct.App.1991) (affirming the admissibility of the testimony of a dis…
cited Cited "see, e.g." United States v. Corey Davis
2d Cir. · 2013 · signal: see also · confidence medium
See id.; see also United States v. Loera, 923 F.2d 725, 727-28 (9th Cir.1991). 1 This appeal concerns the third element.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Reginald LOERA, Defendant-Appellant
89-10429.
Court of Appeals for the Ninth Circuit.
Jan 16, 1991.
923 F.2d 725
91 Cal. Daily Op. Serv. 479
1991 U.S. App. LEXIS 459
1991 WL 2871
Deborah L. Williams, Asst. Federal Public Defender, Phoenix, Ariz., for defendant-appellant., Gary A. Husk, W. Allen Stooks, Asst. U.S. Attys., Phoenix, Ariz., for plaintiff-ap-pellee.
Alarcon, Brunetti, Kozinski.
Cited by 60 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: D. Arizona (1)
ALARCON, Circuit Judge:

Reginald Loera appeals from his conviction for assault resulting in serious bodily injury, in violation of 18 U.S.C. § 113(f). Loera contends that there was insufficient evidence to establish the required element of willfulness. He further contends that evidence of his prior convictions was improperly admitted into evidence. We disagree and affirm.

I.

Facts

On October 18, 1988, Reginald Loera was indicted on one count of second-degree murder and one count of assault resulting in serious bodily injury." The offenses occurred on the Fort Mohave Indian Reservation, Arizona. Accordingly, the district court had jurisdiction over this matter pursuant to 18 U.S.C. § 113. On June 5, 1989, following a jury trial, Loera was convicted of the lesser included offense of involuntary manslaughter and of assault resulting in serious bodily injury.

The evidence presented at trial showed that on August 28th, 1988, Loera spent the afternoon drinking beer with his friends along the banks of the Colorado river in the Mohave Valley area of Arizona. After drinking beer for approximately seven hours, Loera drove his pickup truck in an[*727] easterly direction on Plantation Road, the west bound lane of which is within the Fort Mohave Indian Reservation, Arizona. Clint Clopton testified that immediately prior to the accident Loera crossed the centerline and forced Mr. Clopton’s car off the road. Clopton observed Loera swerve across the road a second time and collide violently with a compact car driven by Kimberly Secor. Mrs. Secor died from injuries suffered in the collision. Her five-year old son’s skull was fractured.

Loera admitted to the police that he drove the truck at the time of the accident. He also stated he had consumed only three beers. A blood test taken two hours after the accident revealed that Loera had a blood alcohol level of .26. Lucien C. Haag, a criminologist, testified that an individual’s driving ability is impaired when he or she has a blood alcohol level of .08. He further testified that in order to have had a .26 blood alcohol level, Loera must have consumed at least eighteen cans of beer. Evidence was also presented that the brakes in Loera’s truck were in a defective condition.

At the time of the accident Loera had suffered three prior convictions in California for driving under the influence of intoxicating liquor and was on probation. He was under court order not to drink. His driver’s license had been revoked for one year on February 19, 1988, and had not been renewed.

After the Government presented its case in chief, Loera moved for a judgment of acquittal on the charge of assault resulting in serious bodily injury. He argued that the Government had failed to present evidence of an essential element of that crime. The motion for a judgment of acquittal was denied.

Loera also raised timely objections to the admission of certain records offered to prove that he had been convicted of driving under the influence of an intoxicating liquor. The district court overruled these objections. Testimony concerning the records was allowed for the limited purpose of establishing the element of malice necessary to prove second-degree murder.

The district court sentenced Loera on August 21, 1989. A timely-notice of appeal was filed on August 25, 1989.

II.

Discussion

Loera challenges the sufficiency of the evidence presented on the charge of assault resulting in serious bodily injury. He maintains that a conviction for this crime cannot be sustained unless the Government presents evidence of “deliberate and obvious assaultive conduct.” Appellant’s Opening Brief at 8. He argues that the Government failed to present any evidence that his conduct was willful or that he intended to injure. the persons in the other vehicle.

To determine if evidence is sufficient to support a criminal conviction, we must decide “whether ‘any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” United States v. Adler, 879 F.2d 491, 495 (9th Cir.1988) (emphasis in original) (quoting Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979)). We review the evidence in the light most favorable to the government. United States v. Feldman, 853 F.2d 648, 654 (9th Cir.1988), cert. denied, 489 U.S. 1030, 109 S.Ct. 1164, 103 L.Ed.2d 222 (1989).

Section 113 provides as follows:

Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:
(f) Assault resulting in serious bodily injury, by fine of not more than $10,000 or imprisonment for not more than ten years, or both.

Section 113(f) does not specify the elements of the crime of assault resulting in serious bodily injury. In United States v. Dupree, 544 F.2d 1050 (9th Cir.1976), we held that “[t]he common-law meaning of a common-law term used in a federal criminal statute provides a source from which statutory[*728] precision may be derived.” Id. at 1051. We summarized the elements of an assault at common law in the following language:

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.

Id. (citations omitted).

Loera concedes that common law assault under section 113(f) is a general intent crime. Appellant’s Opening Brief at 6. See United States v. Lewis, 780 F.2d 1140, 1142-43, (4th Cir.1986) (section 113(f) is a general intent crime), United States v. Big Crow, 728 F.2d 974, 975 (8th Cir.1984) (assault under section 113(f) requires only general intent). Loera contends, however, that because the Government failed to establish that his conduct was willful, the district court erred in denying his motion for judgment of acquittal.

The term “willful” as used at common law as an element of a general intent crime refers to a volitional act. See W. Clark, Clark’s Criminal Law 38 (St. Paul 1894) (“A willful act ... is a voluntary act.”). A voluntary act is one in which the individual has the ability to choose his course of conduct. “The only question is whether the person could have refrained from doing it, or whether he was controlled by some irresistible power. If he could have refrained, the act is voluntary; but, if he was impelled by some irresistible force, it is involuntary.” Id. See also United States v. Baker, 641 F.2d 1311, 1317 (9th Cir.1981) (the term “willful” defined “ ‘as a volitional act done by one who knows or should reasonably be aware that his conduct is wrongful.’ ” (quoting United States v. Greyhound Corp., 508 F.2d 529, 531-32 (7th Cir.1974)).

The evidence at trial indicated that Loera voluntarily consumed at least eighteen cans of beer prior to the collision. His blood alcohol level was more than three times greater than the level at which a, person’s driving ability is impaired. “The law will presume that a person intended the natural and probable consequences of his voluntary acts.” Clark, supra, at 42. The willful conduct in this case was the' operation of a motor vehicle while in a state of voluntary intoxication. “[A] person may become so drunk as to lose the power to control his action, but the law does not excuse him if his intoxication is voluntary.” Clark supra at 38. See also Hopt v. People, 104 U.S. 631, 633, 26 L.Ed. 873 (1881) (“At common law, indeed as a general rule, voluntary intoxication affords no excuse, justification, or extenuation of a [general intent] crime committed under its influence.”); United States v. Meeker, 527 F.2d 12, 14 (9th Cir.1975) (“Voluntary intoxication is not a defense to a crime of general intent.”)

At common law a criminal battery was shown if the defendant’s conduct was reckless. F. Wharton, Wharton’s Criminal Law § 178 at 296 (C. Torcia 14th ed. 1979). A defendant can be convicted of assault under section 113(f) if a battery is proved. “[A]n assault is an attempted battery and proof of a battery will support conviction of assault.” United States v. Dupree, 544 F.2d 1050, 1052 (9th Cir.1976) (citations omitted).

A rational trier of fact could have found that Loera’s conduct in driving while in a state of intoxication showed a reckless disregard for the safety of others. The same facts which support the finding of involuntary manslaughter in the death of Mrs. Secor, support a finding of assault resulting in serious bodily injury to her son. “[I]f a defendant drove his automobile in a reckless or criminally negligent manner and caused the death of a pedestrian, he would be guilty of involuntary manslaughter; if the pedestrian is merely injured, defendant would be guilty of a criminal battery.” Wharton supra at 296. Accord Perkins, Non-Homicide Offenses Against the Person, 26 B.U.L. 119, 126 (1946). See also Hall, Assault and Battery by the Reckless Motorist, 31 J.Crim.L. & Criminology 133 (1940) and cases cited therein.

The district court did not err in denying the motion for judgment of acquittal. The evidence was sufficient to convince any rational trier of fact that Loera acted willful[*729] ly in consuming alcohol and then driving his truck on the highway in disregard fqr the safety of others in his path.

III.

Loera next argues that the admission of the prior convictions were made in violation of Rule 404(b) of the Federal Rules of Evidence. Rule 404(b) states that “evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may however be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” Fed.R.Evid. 404(b). The admission of evidence of other crimes pursuant to Fed.R.Evid. 404(b) is reviewed for abuse of discretion. United States v. Conners, 825 F.2d 1384, 1390 (9th Cir.1987).

Loera concedes that the misdemean- or convictions were admitted to prove malice, an essential element of second-degree murder. In United States v. Fleming, 739 F.2d 945 (4th Cir.1984), ce rt. denied, 469 U.S. 1193, 105 S.Ct. 970, 83 L.Ed.2d 973 (1985), the Fourth Circuit held that prior misdemeanor convictions for driving while intoxicated are “relevant to establish that the defendant had grounds to be aware of the risk his drinking and driving while intoxicated presented to others.” Id. at 949. Accord State v. Vowell, 276 Ark. 258, 634 S.W.2d 118, 119 (Sup.Ct.Ark.1982) (prior driving under the influence convictions and revocation of drivers license properly admitted as evidence of intent under rule 404(b) to “prove warning quality of the other convictions, and to infer ... a mental state inconsistent with mistake and consistent with culpable mental state.”)

Limiting instructions were given by the court as to the use of the prior convictions. Loera contends that since the jury convicted him of involuntary manslaughter rather then second-degree murder, the jury must have found that malice was not proved. “But the emotional component of the evidence ... spilled over to the [assault charge] and the unfair prejudice to appellant is demonstrated by the inconsistent verdicts.” Appellant’s Opening Brief at 16.

The record does not support this contention. The verdicts were not inconsistent. As discussed above, driving a vehicle under the influence of intoxicating liquor supports a conviction of involuntary manslaughter and assault resulting in serious bodily injury.

The prior convictions were properly admitted to establish the ’element of malice required for the proof of second-degree murder. Loera has failed to establish that the jury considered the evidence for any other purpose or that he was prejudiced as a result.

IV.

Loera also contends that the evidence of the three prior misdemeanor convictions were inadmissible under the hearsay rule. A trial court’s admission of hearsay evidence is reviewed for abuse of discretion. United States v. Kirk, 844 F.2d 660, 663 (9th Cir.1988), cert. denied, 488 U.S. 890, 109 S.Ct. 222, 102 L.Ed.2d 213 (1988).

Loera interposed timely hearsay objections to the admission of certified copies of docket entries from the records of the Needles-Calzona Justice Court, San Bernardino, California. The district court ruled that the certified docket entries were admissable to prove Loera’s prior convictions. After the objection was overruled, Loera renewed his hearsay objection as to the other information contained in the records, including the results of blood alcohol tests and the terms of probation. The court recommended that the Government and defense counsel agree on redaction. The Government stated that as an alternative to redaction it would be willing to introduce the evidence of the prior convictions through the testimony of FBI Agent Laird Hiestand. Defense counsel stated “I would rather do it that way,” instead of giving the redacted documents to the jury. We do not construe Loera’s agreement to permit the FBI Agent to read portions of the certified docket entries during his testi[*730] mony as a waiver of his hearsay objection. FBI Agent Laird Hiestand testified that the records he obtained from the Needles-Calzona Justice Court reflected that Loera had been convicted of driving under the influence of intoxicating liquor on three occasions and that Loera’s right to drive a motor vehicle was revoked for one year on February 19, 1988.

Loera contends that the docket entries are not within any exception to the hearsay rule. He correctly argues that docket entries of misdemeanor convictions are not covered by the exception for judgments of previous convictions under Rule 803(22) of the Federal Rules of Evidence. We have previously stated, however, that misdemeanor convictions can be admitted under the public records exception to the prohibition against hearsay. United States v. Wilson, 690 F.2d 1267, 1275 n. 2 (9th Cir.1982), ce rt. denied, 464 U.S. 867, 104 S.Ct. 205, 78 L.Ed.2d 178 (1983). While Loera asserts that the certified docket entries lacked indicia of reliability he does not provide any authority for that proposition. Furthermore, he has not demonstrated, nor does he argue, that the docket entries are inaccurate.

The Government contends that the certified justice court docket entries come within the public records exception to the hearsay rule. Loera presented no argument in his opening or reply briefs that the docket entries do not come within the public records exception to the hearsay rule. Rule 803 provides that “[rjecords, reports, statements, or data compilations in any form, of public agencies, setting forth ... the activities of the office or agency” are admissible. Fed.R.Evid. 803(8)(A). We have previously explained that the justification for the public records exception to the hearsay rule “is the assumption that a public official will perform his duty properly and the unlikelihood that he will remember details independently of the record.” United States v. DeWater, 846 F.2d 528, 530 (9th Cir.1988).

In DeWater, we held that records of the results of an intoxilyzer test were admissible under the public records exception. Id. We noted that the personnel who made the report had no stake in the outcome of individual cases, and that nothing in the record “reveals a motivation to misrepresent the test results or records.” Id. Further the “preparation of this report is a routine, non-adversarial act made in a non-adversarial setting.” Id. (citations omitted). These same factors support the admission of the docket entries made in the Needles-Calzona Justice Court. The traffic docket and disposition records are routine documents setting forth the official actions of the court. The docket entries were certified by the deputy clerk of the justice court to be true and correct copies of the court’s records. Accordingly, the docket entries were within the scope of the public records exception. See also G. Weissenberger, Weissenberger’s Federal Evidence, § 803.42 (“Examples of evidence admissible as proof of the activities of official agencies include: ... dockets and journal entries of courts.... ”).

V.

Conclusion

The evidence was sufficient to establish an assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(f). An assault resulting in serious bodily injury is a general intent crime. The element of willfulness is satisfied by proof of a volitional act done by one who knows or should be reasonably aware that his conduct is wrongful. Loera is presumed to have intended the natural and probable consequences of his unlawful and reckless acts. The evidence showed that Loera recklessly drove his vehicle while in a state of voluntary intoxication.

Evidence of Loera’s prior misdemeanor convictions was properly admitted to prove second-degree murder. Loera has not demonstrated that the admission of such proof prejudiced his right to a fair trial on the charge of assault resulting in serious bodily injury. Testimony concerning the contents of the records of the Needles-Calzona[*731] Justice Court was admissible under the public records exception in Rule 803(8).

AFFIRMED.