United States Fourth Circuit

In a prosecution of defendant for forcibly assaulting a correctional officer at a federal correctional institution and resisting and opposing correctional officers, district court's refusal to give defendant's form of instruction for his affirmative defense is affirmed as a prisoner charged with a violation of 18 U.S.C. section 111 must, to succeed on the affirmative defense of self-defense, demonstrate that he responded to an unlawful and present threat of death or serious bodily injury.

Appellate Information

• Argued 10/30/2009
• Decided 01/12/2010
• Published 01/12/2010

Judges

• Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Travis Ray Fitzwater, Law Office of Travis R. Fitzwater, Morgantown, West Virginia, for Appellant. David Earl Godwin, Office of the United States Attorney, Clarksburg, West Virginia, for Appellee. ON BRIEF:Sharon L. Potter, United States Attorney, Wheeling, West Virginia, for Appellee.