1. Home
  2. Browse Decisions
  3. F.2d
  4. 882 F.2d
  5. 882 F.2d 397 (1989)
 

U.S. v. FITZGERALD

No. 88-1102.

882 F.2d 397 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Russell Tyrone FITZGERALD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 11, 1989.

Attorney(s) appearing for the Case

Marcia J. Allmand, Asst. U.S. Atty., San Jose, Cal., for plaintiff-appellee.

Daniel F. Cook, Topel & Goodman, San Francisco, Cal., for defendant-appellant.

Before CHAMBERS, ALARCON and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

Russell Tyrone Fitzgerald (Fitzgerald) appeals his conviction of assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(f). He contends that the district court erred in denying his motion to dismiss two counts of the indictment against him because: (1) 18 U.S.C. § 113(f) is void for vagueness in that the term "serious bodily injury" leaves the application and interpretation of the term open to the discretion of prosecutors...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases