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UNITED STATES v. RAMIREZ

No. 72-1012.

460 F.2d 1322 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Louis RAMIREZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 7, 1972.

Attorney(s) appearing for the Case

W. Allen Spurgeon, Asst. U. S. Atty. (James L. Treece, U. S. Atty., on the brief), for plaintiff-appellee.

William K. Ris, Denver, Colo. (Gary P. Sandblom, Denver, Colo., on the brief), for defendant-appellant.

Before BREITENSTEIN, SETH, and McWILLIAMS, Circuit Judges.

PER CURIAM.

Defendant-appellant Ramirez was indicted, and found guilty by a jury, of assaulting a United States postman in violation of 18 U.S.C. § 111. The essential facts are that the postman, while on the Ramirez premises in Denver, Colorado, for the delivery of mail, was menaced by the Ramirez dog. The postman threw a hard object which hit the dog, and the dog ran away barking and yipping. As the postman was mounting the porch steps to reach the mail box...

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