United States v. Hathaway
Court of Appeals for the Tenth Circuit
1Opinion of the Court
PAUL KELLY, Jr., Circuit Judge.
Defendant-Appellant Richard K. Hathaway was convicted by a jury of a single count of forcibly assaulting a federal officer in violation of 18 U.S.C. § 111(a). He was sentenced to two years of probation, including four months of home confinement, and was ordered to pay a $1,000 fine.
On appeal, Mr. Hathaway asserts that the indictment only charged him with a misdemeanor violation of § 111 involving simple assault. Relying on Jones v. United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999), he argues that since both the indictment and the jury…
2Cases cited24 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Hamling v. United StatesSupreme Court of the United States · 1974
- Jones v. United StatesSupreme Court of the United States · 1999
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Harris v. United StatesSupreme Court of the United States · 2002
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3Cited by62 opinions
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- United States v. RedcornCourt of Appeals for the Tenth Circuit · 2008
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