Krause

MEMORANDUM **

Defendant-Appellant Kenneth Krause appeals his conviction for “enhanced” assault on a federal officer or employee in violation of 18 U.S.C. §§ 2 (a), 111(b). Section 111(b) provides that “[wjhoever, in the commission of [assault against designated federal officials], uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.” Section 2(a) allows convictions for aiding and abetting in this crime. We have jurisdiction under 28 U.S.C. § 1291 .

In a special verdict, the jury found that Krause’s foot acted as a “deadly or dangerous weapon” for purposes of § 111(b). Krause’s sole legal claim on appeal is to challenge his conviction by vigorously disputing this conclusion. The government defends the jury’s determination with equal effort. Indeed, it is clear that the litigants have fully developed the record on this question ever since Krause moved to strike this same contention from his second superceding indictment.

Nevertheless, under the plain terms of § 111(b), conviction is…