United States v. Morgan Siler, 734 F.3d 1290

Siler, a holdover inmate, assaulted a corrections officer with a homemade rope in June 2008 in Georgia.
Indictment (March 2009) charged Count 1: attempted murder; Count 2: assault on a federal officer with a dangerous weapon.
The jury acquitted Count 1 and convicted Count 2; verdict form required whether a deadly/dangerous weapon was used.
District court gave Count 2 elements: forcible assault on a federal officer, official duties, and use of a deadly/dangerous weapon.
During deliberations, the jury asked for a legal definition of deadly or dangerous weapon; court re-instructed with agreement of the parties.
Siler was sentenced to 20 years’ imprisonment under § 111(b) after the jury found a weapon was used, and appellate review followed to challenge the statutory interpretation and resulting sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 111(b) creates a separate offense and applies when a deadly weapon is used.	Siler argues § 111(b) requires felony assault under § 111(a) and thus only applies if physical contact or another felony is proven.	Government contends § 111(b) applies to any § 111(a) act when a deadly/dangerous weapon is used.	§ 111(b) creates a separate offense and applies when a deadly/dangerous weapon is used during any § 111(a) act.
Whether the jury’s verdict and jury instructions properly tied the weapon use to § 111(b)’s elements.	Siler contends the verdict should reflect that § 111(b) requires progression from a charged felony assault under § 111(a).	Government maintains the jury found use of a weapon during a § 111(a) act, satisfying § 111(b).	The jury’s findings and re-instruction sufficed to convict under § 111(b) based on weapon use during a § 111(a) act.
Whether the sentence of 20 years’ imprisonment was within § 111(b)’s statutory maximum.	Siler argued the maximum should be 1 or 8 years depending on § 111(a) without weapon enhancement.	Discretion to impose 20-year maximum under § 111(b) since weapon use elevates penalty.	Sentence to 20 years was within § 111(b)’s statutory maximum.

Martinez v. United States, 486 F.3d 1239 (11th Cir. 2007) (recognized three categories of forcible assault under § 111)
Jones v. United States, 526 U.S. 227 (Supreme Court, 1999) (statutory headings are not dispositive; separate offenses inferred from elements)
Vela, 624 F.3d 1148 (9th Cir. 2010) (holds § 111 creates three offenses; § 111(b) is a separate offense)
Gagnon v. United States, 553 F.3d 1021 (6th Cir. 2009) (three separate offenses under § 111; elements must be charged and proven)
Hazlewood v. United States, 526 F.3d 862 (5th Cir. 2008) (interprets § 111 as three separate offenses)
Vallery v. United States, 437 F.3d 626 (7th Cir. 2006) (three separate offenses in § 111 with distinct elements)
Hathaway v. United States, 318 F.3d 1001 (10th Cir. 2003) (three offenses within § 111; elements must be charged)
Arrington v. United States, 309 F.3d 40 (D.C. Cir. 2002) (treats § 111(b) as separate offense with its own elements)
Campbell v. United States, 259 F.3d 293 (4th Cir. 2001) (§ 111(b) offense involves weapon use as an element)
Chestaro v. United States, 197 F.3d 600 (2d Cir. 1999) (§ 111(b) defined as separate offense rather than mere enhancement)
McCulligan v. United States, 256 F.3d 97 (3d Cir. 2001) (three distinct offenses under § 111)