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UNITED STATES v. GOGARTY

No. 808, Docket 75-1407.

533 F.2d 93 (1976)

UNITED STATES of America, Appellee, v. Michael GOGARTY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 6, 1976.

Attorney(s) appearing for the Case

Jonathan J. Silbermann, New York City (William J. Gallagher, The Legal Aid Society, New York City, of counsel), for defendant-appellant.

James A. Moss, Asst. U. S. Atty., New York City (Thomas J. Cahill, U. S. Atty., and Lawrence B. Pedowitz, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before FRIENDLY, MULLIGAN and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

The defendant appeals from a judgment of conviction entered on November 24, 1975 by the United States District Court for the Southern District of New York on one count of assaulting a federal officer in violation of 18 U.S.C § 111. Defendant was tried to the court (Duffy, J.), was acquitted on two charges of threatening the life of the President in violation of 18 U.S.C § 871, and received a two-year sentence on the assault...

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