U.S. v. WILLIAMS

No. 02-60519.

343 F.3d 423 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. John L. WILLIAMS, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised September 8, 2003.


Attorney(s) appearing for the Case

Jennifer Levin (argued), David Kevin Flynn, PHB, App. Sec., U.S. Dept. of Justice, Washington, DC, Jack Brooks Lacy, Jr., Asst. U.S. Atty., Jackson, MS, for Plaintiff-Appellee.

Thomas E. Royals (argued), Royals & Mayfield, Jackson, MS, for Defendant-Appellant.

Before DAVIS, SMITH and DUHÉ, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

John Williams, a deputy sheriff, shot an apprehended, unarmed suspect in the back. A jury convicted him of deprivation of the suspect's rights under color of law, 18 U.S.C. § 242, and discharge of a firearm during and in relation to a crime of violence, 18 U.S.C. § 924(c)(1)(A)(iii). On appeal, Williams primarily argues that the firearm conviction cannot stand because the civil rights count is not a "crime of violence." He...

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