UNITED STATES v. LINCOLN

No. 77-3558.

581 F.2d 200 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert J. LINCOLN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Amended August 2, 1978.


Attorney(s) appearing for the Case

Daniel T. Saluri of Johnson, Christenson & Glass, Fairbanks, Alaska, for defendant-appellant.

Stephen Cooper, Asst. U. S. Atty., Fairbanks, Alaska, for plaintiff-appellee.

Before WRIGHT, KENNEDY and TANG, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Lincoln was convicted of driving under the influence of intoxicants on a federal enclave in Alaska in violation of the Assimilative Crimes Act [18 U.S.C. § 13], which incorporates the relevant state law. We reversed by Memorandum on January 3, 1977, 549 F.2d 809, and remanded the original conviction because of the ineffective waiver of counsel. A second trial again resulted in conviction.

The sentence imposed was harsher...

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