Here is the opinion in United States v. Kydney (D. Neb.):
DCT Order Dismissing Count I of Indictment
An excerpt:
Even if the threatened crime of violence were simple assault under federal law, the same analysis would hold true. The Nebraska third-degree assault crime is the statutory corollary to the common-law crime of simple assault. Under both Nebraska and Federal law, simple assault is a misdemeanor and the elements are similar.
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