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UNITED STATES v. ALEXANDER

Nos. 23190, 23783.

471 F.2d 923 (1972)

UNITED STATES of America v. Gordon ALEXANDER, Appellant. UNITED STATES of America v. Benjamin MURDOCK, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 1972.

Certiorari Denied December 4, 1972.

As Amended January 25, 1973.

Attorney(s) appearing for the Case

Mr. Dorsey Evans, Washington, D. C., with whom Mr. George O. Ackerman, Washington, D. C., was on the brief for appellant in No. 23190.

Mr. Fred R. Joseph, Hyattsville, Md., with whom Messrs. Karl G. Feissner, William L. Kaplan, Thomas P. Smith, and Andrew E. Greenwald, Hyattsville, Md., were on the brief, for appellant in No. 23783.

Mr. Richard J. Hopkins, Washington, D. C. (appointed by this Court), also filed a brief for appellant in No. 23783.

Mr. Gregory C. Brady, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, and John A. Terry and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, McGOWAN, Circuit Judge, and RUSSELL E. SMITH, Chief Judge, U. S. District Court for the District of Montana.

Certiorari Denied December 4, 1972. See 93 S.Ct. 541.

PER CURIAM:

The convictions appealed from are affirmed (Judges McGowan and Smith for the court, Chief Judge Bazelon dissenting), except that in No. 23,190 appellant Alexander's convictions on three of the four counts of assault are vacated, as is also the sentence on the fourth, and the case is remanded for resentencing on such remaining assault count (Judges Bazelon...

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