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U.S. v. JOHNSTONE

No. 95-5833.

107 F.3d 200 (1997)

UNITED STATES of America, Appellee, v. Ronald JOHNSTONE, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 24, 1997.

Attorney(s) appearing for the Case

Gerald Krovatin (argued), David W. Fassett, Arseneault & Krovatin, Chatham, NJ, for Appellant.

Deval L. Patrick, Assistant Attorney General, David L. Flynn, Linda F. Thome, Michelle Aronowitz (argued), United States Department of Justice, Civil Rights Division, Washington, DC, Faith S. Hochberg, United States Attorney, Kevin McNulty, Amy S. Winkelman, Assistant United States Attorneys, Newark, NJ, for Appellee.

Before: BECKER, MANSMANN, Circuit Judges, and SCHWARZER, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal by Ronald Johnstone, a former municipal police officer, in a federal criminal civil rights case, 18 U.S.C. § 242, requires us to consider the correctness of jury instructions concerning the excessive force and intent elements of that offense. We must also determine the propriety of a sentencing guideline enhancement for use of a dangerous weapon.1 For the reasons that...

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