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U.S. v. GAGNON

No. 07-2133.

553 F.3d 1021 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Christian GAGNON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Joseph A. Niskar, Detroit, Michigan, for Appellant. Kevin M. Mulcahy, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Joseph A. Niskar, Detroit, Michigan, for Appellant. Ross MacKenzie, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: MARTIN and McKEAGUE, Circuit Judges; COLLIER, Chief District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case turns on the surprisingly vexing determination of what distinguishes a "simple assault" from "all other cases" under 18 U.S.C. § 111, which imposes punishment on anyone who "forcibly assaults, resists, opposes, impedes, intimidates, or interferes with" certain federal officers and employees. Defendant Christian Gagnon argues that his conviction was improper because the magistrate judge did not find...

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