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U.S. v. MANNING

No. 88-M-51.

700 F.Supp. 1001 (1988)

UNITED STATES of America, Plaintiff, v. Michelle MANNING, Defendant.

United States District Court, W.D. Wisconsin.

December 9, 1988.

Attorney(s) appearing for the Case

Mark Cameli, Madison, Wis., for plaintiff.

Steven Streck, Axley Brynelson, Madison, Wis., for defendant.

OPINION AND ORDER

CRABB, Chief Judge.

Defendant is charged under Wis.Stat. § 346.63(1)(a) and the Assimilative Crimes Act, 18 U.S.C. § 13 with operating a motor vehicle on the Fort McCoy military reservation while intoxicated. Defendant moved to dismiss the citation on the ground that the government cannot prosecute a first offense violation of Wis.Stat. § 346.63(1)(a) under the Assimilative Crimes Act because the Act incorporates only state...

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