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U.S. v. PETTY

No. 15-1421.

856 F.3d 1306 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Ishmael PETTY, Defendant-Appellant. National Association of Criminal Defense Lawyers; Colorado Criminal Defense Bar, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 22, 2017.

Attorney(s) appearing for the Case

Gail K. Johnson , Johnson, Brennan & Klein, PLLC, Boulder, Colorado, for Defendant-Appellant.

J. Bishop Grewell , Assistant United States Attorney ( Robert C. Troyer , Acting United States Attorney, with him on the brief), Denver, Colorado, for Plaintiff-Appellee.

Norman R. Mueller , Haddon Morgan & Foreman P.C., Denver, Colorado; Kyle W. Brenton , Davis Graham & Stubbs, LLP, Denver, Colorado, with him on the brief as Amici Curiae for the Appellant.

Before HARTZ, BALDOCK, and HOLMES, Circuit Judges.

The Government charged Defendant Ishmael Petty with assaulting three employees at the federal correctional facility in Florence, Colorado, in violation of 18 U.S.C. § 111(a)(1) & (b). At Defendant's trial, the district court tendered the jury the following reasonable doubt instruction. This instruction tracks verbatim...

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