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18 U.S.C.S. § 111 provides that whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in 18 U.S.C.S. § 1114, among them United States Marshals, while engaged in or on account of the performance of his official duties, shall be fined not more than $ 5,000 or imprisoned not more than three years, or both.
Defendant challenged the legality of his conviction based on his claim that United States Marshals were acting outside the scope of their authority by forcing him to stand in a line-up at a local police station in connection with crimes for which he was being held.
Did the trial court err in denying appellant's motion for acquittal at the close of all the evidence?
The court affirmed the trial court's denial of defendant's motion to acquit and affirmed defendant's conviction. The marshals were acting within the scope of their authority by forcing defendant to participate in the line-up against his will in order to assure his presence in the line in accordance with a court order, rather than leaving him in the authority and control of the local police. Defendant's conduct at the line-up constituted the kind of forcible assault, resistance, or interference that was punishable under § 111 because he resisted the marshals with all the force at his command, enough to require the help of half a dozen officers to overcome and enough to delay the line-up considerably. The marshals were not required to obtain a court order before forcing defendant's compliance in during the line-up.