United States v. Tony Jerome Murphy

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILKINS and Judge LUTTIG joined.

■ OPINION

TRAXLER, District Judge:

Tony Murphy (“Murphy”) was indicted for violation of 18 U.S.C.A. §§ 111(a)(1), (b), 1114 (West Supp.1994), ie., assault with a dangerous weapon upon Deputy Travis Baker (“Baker”), a person assisting a federal employee. * Murphy moved unsuccessfully to dismiss the indictment for want of jurisdiction, contending that Baker, a state employee, was not protected by §§ 111, 1114. The district court denied this motion, concluding that it had jurisdiction to…