UNITED STATES v. MICHALEK

No. 71-1450.

464 F.2d 442 (1972)

UNITED STATES of America, Appellee, v. Peter Lorin MICHALEK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1972.


Attorney(s) appearing for the Case

Louis Miller O'Neil, St. Paul, Minn., for appellant.

Joseph T. Walbran, Asst. U. S. Atty., Robert G. Renner, U. S. Atty., D. Minn., Minneapolis, Minn., for appellee.

Before LAY, HEANEY, and BRIGHT, Circuit Judges.


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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