Federal Circuits, 5th Cir. (September 04, 1980)
Docket number: 79-5648
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http://vlex.com/vid/leonard-hoskins-no-summary-calendar-38390912
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U.S. Court of Appeals for the 6th Cir. - Gregory Arnold Murphy, Petitioner-Appellee, Cross-Appellant, v. Dewey Sowders, Superintendent, Respondent-Appellant, Cross-Appellee., 801 F.2d 205 (6th Cir. 1986) Petitioner-Appellee, Cross-Appellant, v. Dewey Sowders, Superintendent, Respondent-Appellant, Cross-Appellee.
U.S. Court of Appeals for the 5th Cir. - USA vs. Schmidt (5th Cir. 2000)
U.S. Court of Appeals for the 5th Cir. - United States of America, Plaintiff-Appellee, v. Baldemar Bermea, Rogelio Bermea, Lorenzo Rodriguez, Manuel Garcia, Honorio Garza, Matilde Perez, Guadalupe Bermea, Enrique Avalos and Teodoro Pedraza, Defendants-Appellants., 30 F.3d 1539 (5th Cir. 1994) Plaintiff-Appellee, v. Baldemar Bermea, Rogelio Bermea, Lorenzo Rodriguez, Manuel Garcia, Honorio Garza, Matilde Perez, Guadalupe Bermea, Enrique Avalos and Teodoro Pedraza, Defendants-Appellants.
Robyn J. Hermann, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.
Stephen B. Gillman, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.Appeal from the United States District Court for the Southern District of Florida.Before GODBOLD, KRAVITCH and HATCHETT, Circuit Judges.PER CURIAM:Appellant, an inmate of a federal correctional institution, was convicted of forcibly assaulting a federal officer in violation of 18 U.S.C. §§ 111, 1114. Because we find sufficient evidence to support the jury verdict and no merit to appellant's other grounds on appeal, we affirm.The evidence shows that Officer Munne, observing what he considered suspicious activity on the part of inmate Hoskins, ordered Hoskins to go to the counselor's office to be searched. Instead Hoskins ran, with Munne in pursuit. The testimony of Munne that defendant turned and struck him, fracturing Munne's nose, is disputed. Hoskins denied that he struck Munne; he testified that Munne grabbed him and slammed him against the door. Because he was recovering from surgery and feared further injury, he ran. During the subsequent chase, Munne tripped and fell over a lawn sign. Appellant's testimony was corroborated by several other inmates. Hoskin's further testimony that his recent surgery prevented him from reaching his right arm above the shoulder was verified by a prison physician's assistant.Appellant contends that the sole testimony of Munne was insufficient to sustain the conviction, especially in view of the conflicting evidence. A federal conviction, however, can be based on the uncorroborated testimony of a single witness. United States v. Sabin, 526 F.2d 857, 859 (5th Cir. 1976). Moreover, Munne's injury and the improbability of its having been caused by a fall on the grass supported his version of the episode which the jury obviously chose to believe. Credibility determinations are in the province of the jury, not the appellate court, United States v. Walker, 613 F.2d 1349 (5th Cir. 1980); United States v. Parker, 586 F.2d 422 (5th Cir. 1978), cert. denied,Try vLex for FREE for 3 days
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