United States v. Tony Jerome Murphy

35 F.3d 143, 1994 U.S. App. LEXIS 25665, 1994 WL 503314
Court of Appeals for the Fourth Circuit·Decided September 16, 1994·No. 93-5803·Published·Cited by 255 cases

Opinion

*144 Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILKINS and Judge LUTTIG joined.

■ OPINION

TRAXLER, District Judge:

Tony Murphy (“Murphy”) was indicted for violation of 18 U.S.C.A. §§ 111(a)(1), (b), 1114 (West Supp.1994), ie., assault with a dangerous weapon upon Deputy Travis Baker (“Baker”), a person assisting a federal employee. * Murphy moved unsuccessfully to dismiss the indictment for want of jurisdiction, contending that Baker, a state employee, was not protected by §§ 111, 1114. The district court denied this motion, concluding that it had jurisdiction to entertain prosecution of the suit. The case proceeded to trial, and Murphy was convicted of assault with a deadly weapon. Murphy now appeals, again contending that the district court lacked jurisdiction to entertain this ease and that the evidence was insufficient to sustain the conviction. Concluding that §§ 111, 1114 apply to Baker and that the evidence was sufficient to sustain the conviction, we affirm.

I.

We recite the facts in the light most favorable to the Government. See Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942). Murphy was a federal prisoner who was detained at the Lenoir County Jail (“LCJ”) in Lenoir, North Carolina, pursuant to a contract that the United States Marshal Service (“USMS”) maintained with the LCJ for the custody of federal prisoners. Pursuant to the contract,' LCJ provided the USMS with services with respect to the transportation and detention of federal prisoners in return for a fee. While at LCJ, Murphy intentionally threw a container of liquid at Baker. In an attempt to restore order to the ensuing row Murphy created, Baker ordered all inmates in the cell-block back into their cells; and all except Murphy complied. Baker unsuccessfully attempted to convince Murphy to leave the area and to return to his cell. Murphy proved implacable; cajoling by three officers proved fruitless. Murphy was warned that failure to comply would result in his forcible removal.

Eventually, Baker approached Murphy in a nonthreatening manner and placed his hand on Murphy’s shoulder to guide him toward his cell. Murphy, however, grabbed Baker and forcibly slammed Baker’s head into the steel bars lining the cell-block. With his fists, Murphy then repeatedly pummeled a dazed and prostrate Baker. The beating did not subside until Officer Heath (“Heath”) sprayed mace into Murphy’s face. As a result of Murphy’s vicious attack, Baker was compelled to seek emergency medical care and undergo surgery for a cracked orbital lobe. His convalescence precluded him from resuming his duties for three weeks.

On appeal, Murphy raises two contentions. First, he contends that a local jailor such as Deputy Baker who is employed by the State of North Carolina is not protected by §§ 111, 1114; thus, Murphy maintains, the district court lacked federal jurisdiction. Second, he asserts that the evidence was insufficient to sustain the conviction. We address these contentions seriatim.

II.

Section 111 provides in part:
(a) In general. — Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties;
shall be fined under this title or imprisoned not more than three years, or both.
(b) Enhanced penalty. — Whoever, in the commission of any act described in subsection (a), uses a deadly or dangerous weapon, shall be fined under this title or imprisoned not more than ten years, or both. *145 18 U.S.C.A. § 111 (West Supp.1994). Thus, by its terms, § 111 applies to persons delineated under 18 U.S.C.A. § 1114. Section 1114, in turn, designates persons protected by § 111 and includes “any United States marshal or deputy marshal or person employed to assist such marshal or deputy marshal_” See 18 U.S.C.A. § 1114 (West Supp.1994). Murphy’s attack on federal jurisdiction is composed of two assertions. First, he maintains that the phrase “employed to assist” in § 1114 is ambiguous. Second, he posits that if the phrase is not ambiguous, because Baker is a local jailor and employed by the State of North Carolina, he does not fall within the protective ambit of §§ 111, 1114. Neither assertion has merit.

A.

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United States v. Tony Jerome Murphy, 35 F.3d 143, 1994 U.S. App. LEXIS 25665, 1994 WL 503314 (4th Cir. 1994).

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