UNITED STATES v. GOODWIN

No. 79-5351.

637 F.2d 250 (1981)

UNITED STATES of America, Appellee, v. Learley Reed GOODWIN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1981.


Attorney(s) appearing for the Case

Paul W. Spence, Acting Federal Public Defender, Baltimore, Md., for appellant.

Edward M. Norton, Jr., Asst. U. S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U. S. Atty., Baltimore, Md., on brief), for appellee.

Before WINTER, BUTZNER, and WIDENER, Circuit Judges.


WINTER, Circuit Judge:

Convicted of forcible assault of a federal officer in violation of 18 U.S.C. § 111 and fleeing and eluding a police officer in violation of 18 U.S.C. §§ 7 and 13 and Md. Code Ann., Transp. Art., § 21-904, Learley Reed Goodwin appeals. We hold that his conviction of violating § 111 must be reversed, because, under the circumstances of this case, he was denied due process of law when he was indicted and tried for that...

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