United States v. Gerald Lynn Campbell,defendant-Appellant
Court of Appeals for the Fourth Circuit
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…
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