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United States v. Gholston

United States Court of Appeals for the Eleventh Circuit
932 F. 2d 904 (1991)

Written by Rich Walter, JD

Facts

The federal government (plaintiff) prosecuted Ben Gholston (defendant) for assaulting a federal official with a dangerous weapon, in violation of 18 U.S.C. § 111. The trial evidence established that Gholston overturned a desk onto a receptionist at a Social Security Administration office, and then hit her in the neck with his hand. The judge denied Gholston's motion for judgment of acquittal, and the jury returned a guilty verdict. On appeal to the Eleventh Circuit Court of Appeals, Gholston contended that a desk is not a dangerous weapon within the meaning of § 111.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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