Scutchings v. United States

PAIR, Senior Judge:

Appellant was charged with and convicted on one count of assault with intent to kill while armed, 1 two counts of assault with a dangerous weapon, 2 and one count of obstruction of justice. 3 On appeal, he challenges his conviction for obstruction of justice on two grounds. 4 First, he alleges that he was convicted of an offense different from the one for which he was indicted. Second, he alleges that the statute under which he was indicted was repealed. Finding merit in the first argument, we reverse appellant’s conviction for obstruction of justice.

The government’s…