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U.S. v. COOLEY

Nos. 92-3076, 92-3081 and 92-3084 to 92-3086.

1 F.3d 985 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. COOLEY; Ronald L. Taylor; Gary P. Leber; Merri W. Turner, also known as Merrie Foutz; and Charles W. Matson, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 16, 1993.

Attorney(s) appearing for the Case

Lee Thompson, U.S. Atty., Wichita, KS, for plaintiff-appellee.

Craig Shultz of Shultz, Webb & Lonker, Wichita, KS, for defendants-appellants, Cooley and Taylor.

Steven K. Gradert, Asst. Federal Public Defender, Wichita, KS (Charles D. Anderson, Federal Public Defender, Wichita, KS, and Gregory E. Skinner, Asst. Federal Public Defender, Topeka, KS, with him on the briefs) for defendants-appellants, Leber, Matson, and Turner.

Before ANDERSON, BALDOCK, and KELLY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The defendants-appellants in these cases are abortion protesters who were arrested after they climbed a fence and sought to block access to a Wichita, Kansas, medical clinic. They were charged and subsequently convicted by a jury of violating 18 U.S.C. § 1509, which makes it a misdemeanor for any person, by threat or force, willfully to prevent, obstruct, impede, or interfere with, or...

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