BRIGHT, Circuit Judge.
Appellant, Peter L. Michalek, stood trial upon a two-count indictment charging him in Count I with an assault upon a Federal Treasury Agent in violation of 18 U.S.C. § 111 and in Count II with theft of government funds in excess of $100 in violation of 18 U.S.C. § 641. A jury found him guilty on the assault charge, not guilty on the theft charge. Chief Judge Devitt sentenced Michalek to three years imprisonment, but granted probation...
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