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U.S. v. SIERS

No. 88-5807.

873 F.2d 747 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Darwin Rusty SIERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1989.

Attorney(s) appearing for the Case

Orville Leroy Hardman for defendant-appellant.

Ruth Lynette Ranson, Asst. U.S. Atty. (Michael W. Carey, U.S. Atty., on brief), for plaintiff-appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and HENDERSON, United States District Judge, District of South Carolina, sitting by designation.

WIDENER, Circuit Judge:

Darwin Rusty Siers was convicted of violating 18 U.S.C. §§ 111 and 1114 for assaulting and attempting to kill a United States Postal Service employee. On appeal, Siers challenges the government's cross examination method and argues that counts one and five are multiplicious. We find that counts one and five are not multiplicious. Although certain of the government's cross examination was improper, we hold that the error is not reversible...

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