United States v. Derek Duane Page

167 F.3d 325, 1999 U.S. App. LEXIS 2696, 1999 WL 92563

Opinions

ORDER

PER CURIAM.

The en banc court is equally divided in this case. Eight members of the courtp] favor affirmance of the district court and join in Judge Moore’s concurring opinion (pp. 326-336). Seven members of the court[²] agree with Judge Kennedy’s dissent (pp. 336-338) and would reverse; Judge Ryan, writing separately (p. 338), would also reverse; Judge Wellford would reverse for the reasons stated in his separate opinion (pp. 338-340) as well as those stated in the opinions of Judges Kennedy and Ryan. Hence, as is customary under such circumstances, the appellant’s conviction and sentence are affirmed by an equally divided vote.

Footnotes

2

. Judges Merritt, Kennedy, Wellford, Nelson, Norris, Suhrheinrich, and Batchelder.

1. The full text of § 2261(a) is:

§ 2261. Interstate domestic violence (a) Offenses.—

(1) Crossing a State line. — A person who travels across a state line or enters or leaves Indian country with the intent to injure, harass, or intimidate that person’s spouse or intimate partner, and who, in the course of or as a result of such travel, intentionally commits a crime of violence and thereby causes bodily injury to such spouse or intimate partner, shall be punished as provided in subsection (b).

(2) Causing the crossing of a State line. — A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud and, in the course or as a result of that conduct, intentionally commits a crime of violence and thereby causes bodily injury to the person’s spouse or intimate partner, shall be punished as provided in subsection (b).

18 U.S.C. § 2261(a).