UNITED STATES v. SAN MARTIN

No. 74-1684.

505 F.2d 918 (1974)

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

United States Court of Appeals, Fifth Circuit.

December 30, 1974.


Attorney(s) appearing for the Case

Abel H. Rigau, Tampa, Fla., Donald G. Doddington, Tampa, Fla. (Court-appointed), for defendant-appellant.

John L. Briggs, U. S. Atty., D. Frank Winkles, Asst. U. S. Atty., Jacksonville, Fla., Claude Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and SIMPSON, Circuit Judges.


TUTTLE, Circuit Judge:

This appeal raises the question, once again, of the propriety of using prior criminal convictions as evidence in a prosecution for subsequent acts.

Louis San Martin appeals his conviction by a jury on one count of assaulting an agent of the Federal Bureau of Investigation while in the performance of his duties, in violation of 18 U.S.C. § 111.1 San Martin was sentenced to the maximum prison term of three...

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