[DOWNLOAD] "United States v. Fitzgerald" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Fitzgerald
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 09, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
EDWARD LEAVY, Circuit Judge: Russell Tyrone Fitzgerald (Fitzgerald) appeals his conviction of assault resulting in serious bodily injury in violation of 18 U.S.C. Γ§ 113(f). He contends that the district court erred in denying his motion to dismiss two counts of the indictment against him because: (1) 18 U.S.C. Γ§ 113(f) is void for vagueness in that the term ""serious bodily injury"" leaves the application and interpretation of the term open to the discretion of prosecutors, judges, and juries; and (2) the indictment was defective in that it failed to allege all essential facts and elements constituting an offense under 18 U.S.C. Γ§ 113(f). We disagree and affirm.
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