## Facts

- Ben Gholston assaulted a federal employee (a receptionist) at a local Social Security Administration office.
- During the incident, Gholston overturned a desk onto the receptionist and then struck her in the neck with his hand.
- A federal indictment charged Gholston with two counts under 18 U.S.C. § 111: assault on a federal official and assault with a dangerous weapon.
- A jury convicted Gholston on both counts, and the district court denied his motion for judgment of acquittal.
- On appeal, appointed counsel filed an Anders brief and moved to withdraw, identifying as a potential issue whether the desk could qualify as a “dangerous weapon” under § 111.

## Issues

1. Whether evidence was sufficient to support the “dangerous weapon” element under 18 U.S.C. § 111 where the alleged weapon was an office desk overturned onto the victim.
2. Whether the appeal presented any nonfrivolous issues after independent review under Anders procedures.

## Decision

- The Eleventh Circuit affirmed the convictions and the district court’s denial of the motion for judgment of acquittal.
- The court held that a jury could reasonably find that a desk, overturned onto a person, constituted a “dangerous weapon” under § 111.
- After independently reviewing the record as required when counsel files an Anders brief, the court found the appeal wholly frivolous.
- The court granted counsel’s motion to withdraw.

## Legal Principles

- Whether an object is a “dangerous weapon” under 18 U.S.C. § 111 depends on the manner of its use, not merely the object’s ordinary character or latent capability.
- Ordinary items may qualify as dangerous weapons when used in a way capable of causing serious injury.
- When counsel files an Anders brief, the appellate court must independently examine the entire record to determine whether any nonfrivolous grounds for appeal exist; if none exist, it may affirm and permit counsel to withdraw.

## Conclusion

The court upheld a § 111 dangerous-weapon conviction where the defendant overturned a desk onto a federal employee, confirming that common objects can be “dangerous weapons” when used in a dangerous manner and concluding, after Anders review, that no nonfrivolous appellate issues existed.


United States v. Gholston, 932 F.2d 904 (11th Cir. 1991)