Federal Court Dismisses Federal Assault Indictment — Denies Effort to Assimilate State Law

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.