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UNITED STATES v. HUGHES

No. 76-1673.

542 F.2d 246 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond HUGHES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 10, 1976.

Attorney(s) appearing for the Case

Richard H. Gill, Montgomery, Ala., for defendant-appellant.

Ira DeMent, U. S. Atty., Robert C. Watson, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before RIVES, GEWIN and MORGAN, Circuit Judges.

GEWIN, Circuit Judge:

At approximately 1:45 a. m. on August 16, 1975, Raymond Hughes, a civilian, was stopped by Military Policemen at Fort Rucker, Alabama1 on suspicion of driving while intoxicated (DWI). Hughes was convicted of the DWI charge under the Assimilative Crimes Act2 by a United States magistrate and sentenced to 30 days in jail and a $100 fine. The conviction...

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