United States v. Russell Tyrone Fitzgerald

Russell Tyrone Fitzgerald (Fitzgerald) appeals his conviction of assault resulting in serious bodily injury in violation of 18 U.S.C. § 113 (f). He contends that the district court erred in denying his motion to dismiss two counts of the indictment against him because: (1) 18 U.S.C. § 113 (f) is void for vagueness in that the term “serious bodily injury” leaves the application and interpretation of the term open to the discretion of prosecutors, judges, and juries; and (2) the indictment was defective in that it failed to allege all essential facts and elements constituting an offense under 18 U.S.C. § 113 (f). We disagree and affirm.

FACTS

On June 9, 1987, Fitzgerald was charged by indictment with one count of assault with a dangerous weapon with intent to do bodily harm, without just cause or excuse, and with two counts of assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 113 (c) and 113(f). The indictment arose out of a shooting incident which took place on May 19, 1987 at Fort Ord in the county of Monterey, which is an area within the special maritime and territorial jurisdiction of the United States for purposes of 18 U.S.C. § 113 (f). Fitzgerald shot…