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UNITED STATES v. ULAN

No. 366, Docket 34028.

421 F.2d 787 (1970)

UNITED STATES of America, Appellee, v. Joel ULAN, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 29, 1970.

Attorney(s) appearing for the Case

Frederick H. Cohn, Lefcourt, Garfinkle, Crain, Cohn, Sandler & Lefcourt, New York City, for appellant.

Jerome C. Ditore, Asst. U. S. Atty., Eastern District of New York (Edward R. Neaher, U. S. Atty., Eastern District of New York, on the brief), for appellee.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Joel Ulan appeals from his conviction for assaulting and interfering with U. S. Deputy Marshal William B. Gallinaro in the performance of the Marshal's official duties. The jury could have found from the evidence that the events leading up to the commission of the offense and the facts of the offense itself were substantially as follows.

On May 27, 1968 Edward Oquendo, who had been convicted...

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