United States v. Phillips

Case: 20-40796 Document: 00516190977 Page: 1 Date Filed: 02/03/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
February 3, 2022
No. 20-40796 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Jaythan Trevonne Phillips,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:20-CR-586-2
Before King, Costa, and Ho, Circuit Judges.
Per Curiam:*
Jaythan Trevonne Phillips appeals his bench-trial conviction on two
counts of forcibly resisting a federal officer, a violation of 18 U.S.C.
§ 111(a)(1). Phillips argues that the evidence was not sufficient to support his
convictions because it did not show that he forcibly resisted the two Customs
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-40796 Document: 00516190977 Page: 2 Date Filed: 02/03/2022
No. 20-40796
and Border Protection officers who extracted him from a vehicle. Phillips
concedes that he failed to follow commands for him to exit the vehicle in
which he was seated but contends that he did so passively.
Federal law punishes anyone who “forcibly assaults, resists, opposes,
impedes, intimidates, or interferes with [a federal officer] while engaged in
or on account of the performance of official duties.” See § 111(a)(1). The
trial evidence showed that the two officers had to forcibly remove Phillips
from the vehicle. It also showed that Phillips struggled against the officers
and tried to pull his body back into the vehicle. Viewing that evidence in the
light most favorable to the Government and deferring to the district court’s
reasonable inferences, there was substantial evidence to support the district
court’s conclusion beyond a reasonable doubt that Phillips intended to and
did use force to resist the two officers involved here. See United States v.
Tovar, 719 F.3d 376, 388 (5th Cir. 2013); United States v. Williams, 602 F.3d
313, 314, 318 (5th Cir. 2010); United States v. Rosas-Fuentes, 970 F.2d 1379,
1381 (5th Cir. 1992); § 111(a)(1).
AFFIRMED.
2