Whether firing multiple gunshots in a single assaultive act can be construed as multiple, distinct offenses under 18 U.S.C. § 111

QUESTIONS PRESENTED FOR REVIEW In United States v. Ladner, this Court applied the rule of lenity to hold that a defendant who wounded two officers with a single gunshot could only be guilty of one assault under 18 U.S.C. § 111. The questions presented are: 1. Whether firing multiple gunshots in a single assaultive act can be construed as multiple, distinct offenses under 18 U.S.C. § 111 as the Ninth Circuit held, or whether the number of offenses depends upon the actual number of distinguishable assaultive acts as the First, Fourth, Sixth, Eighth, Tenth, and D.C. Circuits have held. 2. Whether the Ninth Circuit’s definition of a firearm “use” under 18 U.S.C. § 924(c)(1)(A) is proper, or whether the definition of “use” as applied in the Second, Sixth, Seventh, and D.C. Circuits is proper.