Paul W. Spence, Asst. Federal Public Defender, Baltimore, Md., for appellant.
Edward M. Norton, Jr., Asst. U.S. Atty., Baltimore, Md., for appellee.
Appeal from the United States District Court for the District of Maryland.
Before WINTER, Chief Judge, and BUTZNER and WIDENER, Circuit Judges.
This case is before us on remand from the Supreme Court, United States v. Goodwin, ___ U.S. ___, 102 S.Ct. 2485, 73 L.Ed.2d 74 (1982).
The case presents two issues: (1) was there an appearance of impermissible prosecutorial retaliation when defendant was indicted for a felony, and convicted thereof, after having elected a jury trial on a petty offense and a misdemeanor charge, and (2) was the evidence legally sufficient to support the felony conviction. Reversing the majority panel decision, U.S. v. Goodwin, 637 F.2d 250 (4 Cir. 1981), the Court answered the first issue in the negative. The second issue was not considered by us when the case was first before us because it was not necessary to do so. But we have examined the record and considered the arguments, both oral and written, and we conclude that the evidence was legally sufficient to support defendant's conviction for forcibly assaulting a federal officer.