U.S. v. POOLE

No. 07-7080.

545 F.3d 916 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. John Charles POOLE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 31, 2008.


Attorney(s) appearing for the Case

Robert A. Ridenour, Assistant Federal Public Defender (Julia L. O'Connell, Acting Federal Public Defender, and Barry L. Derryberry, Research and Writing Specialist, with him on the brief), Tulsa, OK, for Defendant-Appellant.

Linda A. Epperley, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with her on the brief), Muskogee, OK, for Plaintiff-Appellee.

Before KELLY, McCONNELL, and GORSUCH, Circuit Judges.


GORSUCH, Circuit Judge.

John Poole appeals his conviction for assault resulting in serious bodily injury on the basis that the jury's verdict was impermissibly ambiguous. Mr. Poole points to the fact that, in addition to finding him guilty of assault resulting in serious bodily injury, the jury proceeded to find him guilty of the lesser included offense of simple assault—and did so despite the district court's instruction that the jury should consider the lesser...

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