Defendant's assault conviction is affirmed, where the "premises" of Asadabad, Afghanistan, where the offense occurred, constituted a United States "military mission" under 18 U.S.C. section 7(9), so as to render it within the criminal jurisdiction of a district court. However, his sentence is vacated where the district court must explicitly find by a preponderance of the evidence what, if any, instrumentality constituted the basis for a dangerous weapon enhancement.
Argued: March 27, 2009
Decided: August 10, 2009
Opinion by Judge Motz
Joseph Bart Gilbert, Office of the Federal Public Defender, Raleigh, NC