United States Fifth Circuit

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US v. Williams, 09-50059

Defendant's conviction and sentence for forcible assault of a federal officer are affirmed in part where a misdemeanor conviction under 18 U.S.C. section 111(a)(1) did not require underlying assaultive conduct. However, the judgment is vacated in part where the fact of physical contact with the officers was neither charged in the indictment nor submitted to the jury, in violation of Apprendi.

Appellate Information

  • Decided 03/24/2010
  • Published 03/24/2010

Judges

Court

  • United States Fifth Circuit

Counsel