917 motion US v. Wacker

[Christian Hur <christian.hur@gmail.com>]

Gentlemen,

Here is an interesting case that bears relevance for our upcoming 917
motion.  The facts from Collins could not support a conviction for
substantially incapacitated where the woman in question jumped out of
bed and was shortly thereafter seen playing video games.

As in Collins, in our case, there is zero evidence Liz Easley was
substantially incapacitated.   She was fine at the bar.  She said we
want to stay.  She was flirty, but not she never slurred her speech
and she never appeared drunk.   She remembered being at the daquri
stand.  She walked back to the hotel.  She remembers standing and
talking in the lobby as Doug orders the room.  She said she gave Doug
a back massage in the room before she said "I can't do this."  She was
fine when she entered the room with Becky and had been telling her
boyfriend she would never cheat on him.

Same argument with Jess Brooder:  at bar she was standing on her own 2
feet.  She was awake and talking.  Maybe she was intoxicated, but she
was not substantially incapacitated.  Then, Jess was standing and
talking with Liz in the hotel lobby.  When she entered the room with
Becky she was awake, talking, walking and wanted to call her
boyfriend.

-- 
Christian P. Hur

Attachment: COLLINS, K.C.pdf
Description: Adobe PDF document