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UNITED STATES v. TIJERINA

Nos. 10031-10035.

407 F.2d 349 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Reies Lopez TIJERINA, Cristobal Lopez Tijerina, Jerry Noll, Ezekial Dominguez and Alfonso Chavez, Defendants-Appellants.

United States Court of Appeals Tenth Circuit.

Rehearings Denied April 10, 1969.

Attorney(s) appearing for the Case

John Quinn, U. S. Atty. (John A. Babington, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Morton Stavis, Newark, N. J. (Beverly Axelrod, San Francisco, Cal., Albert Gonzales, Santa Fe, N. M., Arthur Kinoy, William M. Kunstler, New York City, of counsel, on the brief), for defendants-appellants Reies Lopez Tijerina, Cristobal Lopez Tijerina and Jerry Noll.

Joseph H. Mercer, Albuquerque, N. M., for defendant-appellant, Ezekial Dominguez.

Robert C. Poole, Albuquerque, N. M., for defendant-appellant, Alfonso Chavez.

Before MARVIN JONES, Judge, Court of Claims, and BREITENSTEIN and HICKEY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The defendants-appellants were jointly charged in a five-count indictment and all were found guilty by a jury on one or more counts. The appeals are from the judgments imposing sentence.

The first count charged an assault on forest ranger Taylor, an official of the Forest Service, Department of Agriculture, in violation of 18 U.S.C. §§ 111 and 2. The second count charged a similar assault on forest ranger Smith. The third...

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