U.S. v. HATHAWAY

No. 02-3050.

318 F.3d 1001 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Richard K. HATHAWAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 5, 2003.


Attorney(s) appearing for the Case

Michael Lewis Harris, Assistant Federal Public Defender, Kansas City, KS, for Defendant-Appellant.

Nancy L. Caplinger, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with her on the brief), Topeka, KS, for Plaintiff-Appellee.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge and OBERDORFER, District Judge.


PAUL KELLY, Jr., Circuit Judge.

Defendant-Appellant Richard K. Hathaway was convicted by a jury of a single count of forcibly assaulting a federal officer in violation of 18 U.S.C. § 111(a). He was sentenced to two years of probation, including four months of home confinement, and was ordered to pay a $1,000 fine.

On appeal, Mr. Hathaway asserts that the indictment only charged him with a misdemeanor violation of § 111 involving simple assault. Relying...

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