Legal Opinion

United States v. Hathaway

Court of Appeals for the Tenth Circuit

Decided February 5, 2003No. 02-3050PublishedCited by 62 opinions

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

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Hamling v. United StatesSupreme Court of the United States · 1974
  3. Jones v. United StatesSupreme Court of the United States · 1999
  4. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  5. Harris v. United StatesSupreme Court of the United States · 2002

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

3Cited by62 opinions

  1. United States v. SuniaDistrict Court, District of Columbia · 2009
  2. Gad v. Kansas State UniversityCourt of Appeals for the Tenth Circuit · 2015
  3. United States v. BedfordCourt of Appeals for the Tenth Circuit · 2008
  4. United States v. Eric VerwiebeCourt of Appeals for the Sixth Circuit · 2017
  5. United States v. RedcornCourt of Appeals for the Tenth Circuit · 2008

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

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