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UNITED STATES v. VILLARIN GERENA

No. 76-1468.

553 F.2d 723 (1977)

UNITED STATES of America, Appellee, v. Tomas VILLARIN GERENA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 29, 1977.

Attorney(s) appearing for the Case

John L.A. de Passalacqua, Isla Verde, P. R., with whom Victor Miguel Casal and Santos P. Amadeo, Santurce, P. R., were on brief for defendant, appellant.

Marie E. Klimesz, Atty., Dept. of Justice, Washington, D. C., with whom Julio Morales Sanchez, U. S. Atty., San Juan, P. R., J. Stanley Pottinger, Asst. Atty. Gen., and Walter W. Barnett, Atty., Dept. of Justice, Washington, D. C., were on brief for appellee.

Before COFFIN, Chief Judge, INGRAHAM, Senior Circuit Judge, and CAMPBELL, Circuit Judge.

INGRAHAM, Circuit Judge.

Tomas Villarin Gerena of the Puerto Rico Police Force struck a private citizen numerous times and arrested him without probable cause. He was convicted by a jury for violation of 18 U.S.C. § 242.1 The trial court sentenced him to two years probation conditioned upon his resignation from the police force.2 On appeal Villarin contests (1) the applicability of § 242 in the Commonwealth...

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