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UNITED STATES v. CUNNINGHAM

No. 74-1416.

509 F.2d 961 (1975)

UNITED STATES of America v. Eugene CUNNINGHAM, Appellant.

United States Court of Appeals, District of Columbia Circuit.

March 19, 1975.

Attorney(s) appearing for the Case

Louis A. Kleiman, Washington, D. C. (appointed by this court), was on the brief for appellant.

Earl J. Silbert, U. S. Atty., John A. Terry, John O'B. Clarke, Jr., and Mary-Elizabeth Medaglia, Asst. U. S. Attys., were on the brief for appellee.

Before McGOWAN and WILKEY, Circuit Judges, and VAN PELT, Senior District Judge for the District of Nebraska.

PER CURIAM:

In this appeal from a conviction, by a jury, for forcible resistance to federal officers engaged in the conduct of their duties,1 the only issue raised is whether the trial court erred in denying appellant's motion for acquittal at the close of all the evidence.

The evidence, taken in the light most favorable to the Government, tended to establish the following. Pursuant to an order of the District Court, United States...

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