Legal Opinion
Chestaro v. United States
District Court, S.D. New York
Decided July 30, 1998No. 98 Civ. 2967 (LAK)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
Petitioner seeks relief from his conviction and sentence for violation of 18 U.S.C. § 111 pursuant to 28 U.S.C. § 2255.
Facts
Petitioner was charged on May 9,1997 in a one-count indictment with assaulting three United States Postal Police Officers with a box cutter in violation of 18 U.S.C. § 111. Although at least two circuits have held that the use of weapons or the infliction of bodily injury in an assault on a federal officer are not elements of the Section 111 offense, 1 but simply sentencing enhancements, the indictment charged them as elements.
Tria…
2Cases cited9 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. Vito Lorusso and Joseph ErranteCourt of Appeals for the Second Circuit · 1982
- Jose Pagan Campino v. United StatesCourt of Appeals for the Second Circuit · 1992
- United States v. Mike Huang, John Chu, Paul Park, and Kwan Yue CheoiCourt of Appeals for the Second Circuit · 1992
- United States v. SegienCourt of Appeals for the Tenth Circuit · 1997
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Steven Chestaro, Petitioner-Defendant-AppellantCourt of Appeals for the Second Circuit · 1999
- Knight v. WalshDistrict Court, W.D. New York · 2007
- Mercer v. HerbertDistrict Court, W.D. New York · 2001
- Johnson v. WalkerDistrict Court, W.D. New York · 1999
- MIBRODA v. SUPERINTENDENT, SCI GREENEDistrict Court, W.D. Pennsylvania · 2025