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UNITED STATES v. SMITH

No. 76-2082.

562 F.2d 453 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. James F. SMITH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1977.

Attorney(s) appearing for the Case

Mark A. Frankel, Madison, Wis., for defendant-appellant.

William J. Mulligan, U. S. Atty., Charles H. Bohl, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before CUMMINGS and PELL, Circuit Judges, and MARSHALL, District Judge.

PELL, Circuit Judge.

On July 16, 1976, a one count indictment was returned against the appellant charging that he wilfully did forcibly assault Alexander Askenette, Jr., a Special Officer of the Bureau of Indian Affairs, Menominee Tribal Police, an officer of the federal government as defined in 18 U.S.C. § 11141 while said officer was engaged in the performance of his official duties, in violation of 18 U.S.C. § 111.

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