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UNITED STATES v. VIGIL

No. 685-69.

431 F.2d 1037 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest VIGIL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 8, 1970.

Attorney(s) appearing for the Case

Eugene Deikman, Denver, Colo. (Harry K. Nier, Jr., Denver, Colo., on the brief), for defendant-appellant.

Gordon L. Allott, Jr., Asst. U. S. Atty. (James L. Treece, U. S. Atty., on the brief), for plaintiff-appellee.

Before PHILLIPS, BREITENSTEIN and HILL, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

Vigil and Gilbert Roy Quintana were tried on an indictment which charged that they did "resist, oppose, impede and interfere with Wallace Allen, a deputy United States marshal," while he "was engaged in and on account of the performance of his official duties, in violation of" 18 U.S.C.A. § 111.

They were tried jointly. The jury was unable to agree on a verdict as to Quintana. It found Vigil guilty. From a judgment of...

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