U.S. v. KIRKSEY

No. 97-4189.

138 F.3d 120 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Leon KIRKSEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 9, 1998.


Attorney(s) appearing for the Case

ARGUED: Denise Charlotte Barrett, Assistant Federal Public Defender, Baltimore, MD, for Appellant. Philip S. Jackson, Assistant United States Attorney, Baltimore, MD, for Appellee. ON BRIEF: James K. Bredar, Federal Public Defender, Baltimore, MD, for Appellant. Lynne A. Battaglia, United States Attorney, Bonnie S. Greenberg, Assistant United States Attorney, Baltimore, MD, for Appellee.

Before NIEMEYER, Circuit Judge, BUTZNER, Senior Circuit Judge, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.


Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge BUTZNER and Senior Judge MICHAEL joined.

OPINION

NIEMEYER, Circuit Judge:

We are presented with the question of whether convictions in Maryland state courts for common law assault and battery, defined by Maryland law to be "any unlawful force used against the person of another, no matter how slight," qualify as predicate...

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