Richie Wheeler v. United States
DueProcess
Whether intent to cause bodily injury is required for 18 U.S.C. §111(b) violation
QUESTIONS PRESENTED 1. Whether to be guilty of a violation of 18 U.S.C. §111(b), which requires the use of a deadly weapon while forcibly assaulting, resisting, opposing, impeding, intimidating or interfering a law enforcement officer, is an intent to cause bodily injury by one attempting to elude arrest by recklessly driving a vehicle a required element of the offense. 2. If no intent to cause bodily injury is required to constitute use of a deadly weapon, without a finding of fact by a jury or an admission by a defendant during a guilty plea, can a Court find as a fact that defendant’s reckless actions in attempting to elude arrest were capable of causing serious bodily injury or death of another person in the absence of a highspeed chase or any bodily injury suffered by anyone. 3. In a case of a violation of 18 U.S.C. §111(b), in the absence of a finding by a jury or an admission by a defendant as part of a guilty plea of an admission of an intent to commit bodily injury, can a sentencing judge find Sentencing Guideline §2A2.2 not §2A2.4 applies. i PARTIES TO PROCEEDING The