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U.S. v. TERRY

Nos. 95-5473, 95-5474, 95-5478.

86 F.3d 353 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Lewis Charles TERRY, Jr.; Carlos Lee Bishop, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. Carlos Lee BISHOP, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lewis Charles TERRY, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1996.

Attorney(s) appearing for the Case

ARGUED: Lisa J. Stark, United States Department of Justice, Washington, D.C., for Appellant. James Robert Cromwell, Vogel & Cromwell, L.L.C., Roanoke, Virginia, for Appellees. ON BRIEF: Deval L. Patrick, Assistant Attorney General, Dennis J. Dimsey, United States Department of Justice, Washington, D.C., for Appellant. Sharon Chickering, DLC Trial Lawyers, P.C., Roanoke, Virginia, for Appellee Terry.

Before WILKINSON, Chief Judge, MICHAEL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Reversed in part, vacated in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Chief Judge WILKINSON and Senior Judge BUTZNER joined.

OPINION

MICHAEL, Circuit Judge:

Because they shot at an occupied vehicle (a crime under Virginia law) while in a national forest, Lewis Charles Terry and Carlos Lee Bishop were convicted for violating the Assimilative Crimes Act, 18 U.S.C. § 13(a) (the "ACA"), and for using a firearm...

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