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UNITED STATES v. SMITH

Nos. 76-3349 to 76-3351.

574 F.2d 988 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred SMITH, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Irvin WILLIAMS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Joseph KOMOK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied May 12, 1978.

Attorney(s) appearing for the Case

Keith L. Kessler (argued), William J. Bender (argued), Seattle, Wash., Denton P. Andrews (argued), Gig Harbor, Wash., for defendants-appellants.

John Obenour, Asst. U.S. Atty. (argued), Tacoma, Wash., for plaintiff-appellee.

Before KILKENNY, SNEED and KENNEDY, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 12, 1978.

KENNEDY, Circuit Judge:

Appellants, three male inmates of the federal penitentiary at McNeil Island in Washington, committed forcible acts of sodomy upon another male prisoner. They were convicted under the Assimilative Crimes Act, 18 U.S.C. § 13, by application of a Washington statute, Wash.Rev.Code Ann. § 9.79.170 (1977),1 which defines the offense of rape to include...

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