United States v. Roosevelt D. Vallery
Court of Appeals for the Seventh Circuit
1Opinion of the Court
KANNE, Circuit Judge.
The government appeals from the district court’s sentencing of Roosevelt Val-lery as a misdemeanant following his conviction under 18 U.S.C. § 111(a). It is the government’s contention that the indictment properly alleged a felony rather than a misdemeanor. Vallery’s conviction is not in dispute. A fair reading of the statute requires us to conclude that the misdemeanor provision of § 111(a) applies to all conduct prohibited by the subsection. Having determined that Vallery’s conviction was for a misdemeanor, we affirm his twelve-month sentence.
I. BACKGROUND
The criminal…
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