This section contains the nature of the case and procedural background.

D and Nesbitt needed a ride home. They set out on foot and ended up at the Union Pacific Railyard. They boarded two idling locomotives that were connected. They figured out how to move the trains back and forth. D then decided to drive the train home. Upon arriving approximately half a block from his house, D stopped the train, let Nesbitt off, and decided to send the train back through town. He put the train into reverse at full throttle and disembarked. The driverless train took at 10 mph turn it at fifty-six miles per hour and derailed. This caused a total of $ 234,145 in damage and clean-up costs. Nesbitt gave a confession that detailed their activities on the evening in question and the two men were each indicted on one count of violating 18 U.S.C. § 1992, the federal train wreck statute. Nesbitt pled guilty and agreed to testify against D. D was found guilty and sentenced to 46 months in prison and ordered to pay $234,145 in restitution. D appealed. D contends the statute required a showing of specific intent to wreck the train, and the evidence of his specific intent was insufficient.

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