U.S. v. CAMPBELL

No. 99-4539

259 F.3d 293 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Lynn Campbell, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 1, 2001


Attorney(s) appearing for the Case

ARGUED: Margaret McLeod Cain, Charlottesville, Virginia, for Appellant.

Ray B. Fitzgerald, Jr., Assistant United States Attorney, Charlottesville, Virginia, for Appellee.

ON BRIEF: Robert P. Crouch, Jr., United States Attorney, Charlottesville, Virginia, for Appellee.

Before MOTZ and GREGORY, Circuit Judges, and Frederic N. SMALKIN, United States District Judge for the District of Maryland, sitting by designation.


Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge GREGORY and Judge SMALKIN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This case turns on a question of first impression in this circuit, namely whether infliction of "bodily injury" and use of a deadly or dangerous weapon in 18 U.S.C. § 111(b) (1994) constitute offense elements. We hold that they do and, for the reasons that follow, reverse Gerald...

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