In a conviction of defendant for forcibly assaulting a correctional officer at the Federal Correctional Institution and resisting and opposing correctional officers, district court's refusal to give defendant's form of instruction for his affirmative defense is affirmed as, a prisoner charged with a violation of 18 U.S.C. section 111 must, to succeed on the affirmative defense of self-defense, demonstrate that he responded to an unlawful and present threat of death or serious bodily injury.
Argued: October 30, 2009
Decided: January 12, 2010
Opinion by Circuit Judge Niemeyer
For Appellant: Travis Ray Fitzwater, Law Office of Travis R. Fitzwater
For Appellee: David Earl Godwin, Office of the US Attorney