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HOCKENBERRY v. UNITED STATES

No. 22993.

422 F.2d 171 (1970)

Frederick Allen HOCKENBERRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 20, 1970.

Attorney(s) appearing for the Case

Alan Saltzman (argued), Hollywood, Cal., for appellant.

Michael J. Lightfoot (argued), Michael Nasatir, Robert L. Brosio, Asst. U. S. Attys., Wm. Matthew Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, JERTBERG and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

Hockenberry appeals from his conviction under an indictment charging him with committing an assault with a deadly weapon at the Federal Correctional Institution at Lompoc, California. We affirm, but direct that the sentence be corrected.

We consider each of Hockenberry's contentions, and the specific facts relating to them, separately:

1. Sufficiency of the indictment.

The indictment reads:

"The Grand...

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