Legal Opinion

United States v. Gerald Lynn Campbell,defendant-Appellant

Court of Appeals for the Fourth Circuit

Decided August 1, 2001No. 99-4539PublishedCited by 14 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge GREGORY and Judge SMALKIN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This case turns on a question of first impression in this circuit, namely whether infliction of “bodily injury” and use of a deadly or dangerous weapon in 18 U.S.C. § 111(b) (1994) constitute offense elements. We hold that they do and, for the reasons that follow, reverse Gerald Lynn Campbell’s sentence and remand for re-sentencing.

I

On October 11, 1998, federal marshals transported Campbell, a federal prisoner, from the Augusta…

2Cases cited22 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Jones v. United StatesSupreme Court of the United States · 1999
  4. United States v. AtkinsonSupreme Court of the United States · 1936
  5. United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909

17 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. United States v. Thomas Faulls, Sr.Court of Appeals for the Fourth Circuit · 2016
  2. United States v. Arrington, DerrekCourt of Appeals for the D.C. Circuit · 2002
  3. United States v. HathawayCourt of Appeals for the Tenth Circuit · 2003
  4. United States v. Ivon E. YatesCourt of Appeals for the Eighth Circuit · 2002
  5. United States v. Jay BrileyCourt of Appeals for the Fourth Circuit · 2014

9 more not listed; retrieve them via the Exa API.

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