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U.S. v. HEID

No. 89-3035.

904 F.2d 69 (1990)

UNITED STATES of America v. John HEID, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 1990.

Attorney(s) appearing for the Case

Sebastian K.D. Graber, Wolftown, Va., (appointed by this court) for appellant.

Geoffrey Bestor, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher, Elizabeth Trosman, and Eric B. Marcy, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before EDWARDS, BUCKLEY, and WILLIAMS, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

John Heid appeals his conviction for assaulting a Deputy United States Marshal in violation of 18 U.S.C. § 111 (1982). Heid contends that he was erroneously convicted for simply going limp as marshals attempted to remove him from the courthouse and that going limp cannot constitute the forcible action necessary to violate section 111. Because it is clear from the indictment...

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