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U.S. v. MURPHY

No. 93-5803.

35 F.3d 143 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Tony Jerome MURPHY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1994.

Attorney(s) appearing for the Case

ARGUED: Randolph Brian Monchick, Asst. Federal Public Defender, Raleigh, NC, for appellant. John Samuel Bowler, Asst. U.S. Atty., Raleigh, NC, for appellee. ON BRIEF: J. Douglas McCullough, U.S. Atty., Raleigh, NC, for appellee.

Before WILKINS and LUTTIG, Circuit Judges, and TRAXLER, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILKINS and Judge LUTTIG joined.

OPINION

TRAXLER, District Judge:

Tony Murphy ("Murphy") was indicted for violation of 18 U.S.C.A. §§ 111(a)(1), (b), 1114 (West Supp.1994), i.e., assault with a dangerous weapon upon Deputy Travis Baker ("Baker"), a person assisting a federal employee.*

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