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UNITED STATES v. EADES

Nos. 78-5216, 79-5027.

615 F.2d 617 (1980)

UNITED STATES of America, Appellee, v. John Herbert EADES, Appellant. UNITED STATES of America, Appellee, v. Larry F. WILSON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 4, 1980.

Attorney(s) appearing for the Case

Peter D. Ward, Asst. Federal Public Defender, Baltimore, Md. (Charles G. Bernstein, Federal Public Defender, Baltimore, Md., Susan Preston, Third Year Law Student, on brief), for appellants.

Richard D. Bennett, Asst. U. S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U. S. Atty., and Lynne A. Battaglia, Asst. U. S. Atty., Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and PERRY, District Judge.

WINTER, Circuit Judge:

These consolidated appeals present the question of whether, under the Assimilative Crimes Act, one may be charged and convicted of a third degree sexual offense in violation of Art. 27, § 464B(a)(1)(iii), Ann.Code of Md. (1976 Repl. Vol. and 1978 Cum.Supp.) which occurred on a federal reservation, when Congress has enacted 18 U.S.C. § 113 making simple assault and more aggravated forms of...

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