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UNITED STATES v. SHEPPARD

Nos. 23166, 71-1151.

462 F.2d 279 (1972)

UNITED STATES of America v. Franklin D. SHEPPARD, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 1972.

Attorney(s) appearing for the Case

Mr. George Y. Wheeler, with whom Mr. Ranier K. Kraus, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Raymond Banoun, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry and Gregory C. Brady, Asst. U. S. Attys., were on the brief, for appellee. Mr. Herbert B. Hoffman, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and McGOWAN, Circuit Judge, and A. SHERMAN CHRISTENSEN, U. S. District Judge for the District of Utah.

PER CURIAM:

Appellant was convicted of kidnapping, 18 U.S.C. § 1201, and assault with a dangerous weapon, 22 D.C.Code § 502. The relevant facts indicate that while the complaining witness was waiting for a bus, appellant stopped his car in front, of her and, at gunpoint, ordered her into the car. Appellant then drove some fifty miles into Virginia. While at a stop sign, a short struggle occurred and the complaining witness was able to escape.

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