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: Defense Newsletter Blog

Gumbs: Upholding Convictions for Forcibly Assault Federal Officers with a Vehicle

By Tim Cone

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In United States v. Gumbs, No. 18-13182 (July 15, 2020) (Luck, William Pryor, Jill Pryor), the Court affirmed the defendant?s convictions for using a deadly weapon to forcibly assault a federal officer.First, the Court found no abuse of discretion in refusing to give the defendant?s proposed jury instructions. With regard to the term ?forcibly,? the court?s instruction tracked the language of the federal assault statute, which had a generally understood meaning using basic grade-school grammar. With regard to ?use of a deadly weapon,? the defendant?s proposed instruction relating to a car as a deadly weapon was substantially covered by the court?s instruction, and the court was not required to separately define the word ?use? because it has a common meaning...continue to full post

Full post as published by Defense Newsletter Blog on July 15, 2020 (boomark / email).