United States v. Phillip Zabawa
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
KETHLEDGE, Circuit Judge.
“Inflict” is a narrower term than “cause.” Here, while in federal custody, Phillip Zabawa assaulted a federal law enforcement officer. The officer responded by headbutting Zabawa, which left the officer with a cut over his eye. A federal grand jury later indicted Zabawa for assaulting a federal officer in violation of 18 U.S.C. § 111(a)(1) and (b). Zabawa was convicted of both offenses. But § 111(b) specifies that the defendant 'must “inflict[ ]” the predicate injury to the officer, rather than just proximately cause it; and here, the officer himself admitted…
2Cases cited16 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Doggett v. United StatesSupreme Court of the United States · 1992
- United States v. Travon GardnerCourt of Appeals for the Sixth Circuit · 2007
- United States v. Ward Wesley WrightCourt of Appeals for the Sixth Circuit · 2003
- United States v. TinklenbergSupreme Court of the United States · 2011
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