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UNITED STATES v. SALAZAR

No. 74-1337.

505 F.2d 72 (1974)

UNITED STATES of America, Appellee, v. Mark A. SALAZAR, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 5, 1974.

Attorney(s) appearing for the Case

R. Steven Brown, Asst. Federal Public Defender, Springfield, Mo., for appellant.

Donald R. Cooley, Asst. U. S. Atty., Springfield, Mo., for appellee.

Before MATTHES, Senior Circuit Judge, BRIGHT, Circuit Judge, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

The appellant (hereafter defendant) was tried for striking Nurse Newby, on duty at the United States Medical Center, Springfield, Missouri, in violation of 18 U.S.C. § 113(d).1 He was found guilty of the charge and sentenced to six months imprisonment, consecutive to the sentence he was then serving.

He appeals to us upon two grounds. The first is that he did not, indeed "could" not have...

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