Bradley v. United States

Appellant Larry R. Bradley (“Bradley”) was convicted in a bench trial of one count of simple assault1 and one count of attempted second-degree cruelty to children2 in connection with a beating that he gave his eight-year-old son, D.M., on May 4, 2001. On appeal, Bradley asks that we vacate his conviction for second-degree cruelty to children because that offense merges with simple assault. Alternatively, Bradley argues that the rule of lenity demands that his cruelty conviction be vacated. Bradley also alleges that he was denied his Fifth and Sixth Amendment rights to due process and a speedy…