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U.S. v. GORE

No. 08-4462.

592 F.3d 489 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Michael L. GORE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 12, 2010.

Attorney(s) appearing for the Case

ARGUED: Travis Ray Fitzwater, Law Office of Travis R. Fitzwater, Morgantown, West Virginia, for Appellant. David Earl Godwin, Office of the United States Attorney, Clarksburg, West Virginia, for Appellee. ON BRIEF: Sharon L. Potter, United States Attorney, Wheeling, West Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge DAVIS joined.

OPINION

NIEMEYER, Circuit Judge:

In defending charges that he forcibly assaulted a correctional officer at the Federal Correctional Institution (FCI) Gilmer, in Glenville, West Virginia, and forcibly resisted and opposed correctional officers there, both in violation of 18 U.S.C. § 111, Michael Gore requested that the district court instruct the jury on his affirmative defense of justification based on self-defense in the following form:

If...

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