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UNITED STATES v. PATMORE

No. 72-1402.

475 F.2d 752 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James Dale PATMORE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 26, 1973.

Attorney(s) appearing for the Case

Edward H. Funston, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., and Richard L. Meyer, Asst. U. S. Atty., Topeka, Kan., on the brief), for plaintiff-appellee.

Thomas M. Dawson, Leavenworth, Kan., for defendant-appellant.

Before LEWIS, Chief Judge, and PICKETT and McWILLIAMS, Circuit Judges.

PICKETT, Circuit Judge.

While imprisoned at the Leavenworth, Kansas, federal penitentiary, Patmore was accused of stabbing another inmate. He was indicted in federal court for aggravated battery in violation of Kan. Stat.Ann.1971 Supp. 21-3414(c), a class C felony, through the Assimilative Crimes Act, 18 U.S.C. § 13, (1970).1 During the course of the trial Patmore entered a plea of guilty to aggravated assault, a lesser included offense...

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