Opinion

United States v. Gabriel Barnett

  • 540 F. App'x 532
Court
Court of Appeals for the Sixth Circuit
Filed
Nov 7, 2013
Status
Unpublished
Author
Moore
On the bench
Moore, Clay, White
Cited by
1 cases
Authority
More cited than 11.4%

The opinion

KAREN NELSON MOORE,

concurring.

I write separately because I do not believe that an individual necessarily uses physical force when causing a physical injury. See United States v. McMurray, 653 F.3d 367 , 374 n. 6 (6th Cir.2011). Accordingly, I subscribe to the analysis set forth in Judge White’s concurring opinion. *538 However, because I believe this panel is bound by United States v. Anderson, 695 F.3d 390 (6th Cir.2012), which held that “one can knowingly cause serious physical harm to another only by knowingly using force capable of causing physical pain or injury,” id. at 400 (internal quotation marks omitted), I join the majority opinion. The Supreme Court has granted a writ of certiorari in United States v. Castleman, 695 F.3d 582 (6th Cir.2012), cert. granted, — U.S. -, 134 S.Ct. 49 , 186 L.Ed.2d 962 , 2013 WL 2155706 , 81 U.S.L.W. 3672 (2013), and may resolve the difficult questions that this case poses.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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