United States v. McIntosh, No. 11-1936 (2d Cir. 2014)Annotate this Case
Defendant appealed his conviction and sentence for assault on a federal officer (Count 1), false personation of a federal officer (Count 2), and concealment of public record (Count 3). The court concluded that the district court did not err in giving jury instructions as to Count One where the district court declined to instruct the jurors that they must agree unanimously as to which theory of the offense supported the verdict; defendant's sentence was both procedurally and substantively reasonable; and the district court did not err in denying defendant's Rule 35 motion where the district court did not err in declining to make a determination whether the federal and state sentences should run concurrently or consecutively. Accordingly, the court affirmed the judgment of the district court.