Monday, July 13, 2020

U.S. v. Voris (9th Cir. - July 7, 2020)

Jack Voris fires five shots at five or more U.S. Marshals attempting to pick him up on warrants.  He's convicted of six counts of assault.

The Ninth Circuit says that's not okay.  Five convictions are fine; one conviction per shot (as long as there's at least five Marshals, which there are).  But not six, since there weren't six shots -- one shot at a group of six Marshals doesn't create six assaults.  Again:  One shot, one conviction.

Not that this helps Mr. Voris much as a practical matter.  He was sentenced to 1,750 months in prison.  Maybe the remand shaves off, at most, 10 years or so.  He's still looking at 130+ years.

So not really a huge win for the guy.