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UNITED STATES v. McALISTER

No. 80-1016.

630 F.2d 772 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Ward Richard McALISTER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 2, 1980.

Attorney(s) appearing for the Case

Michael G. Katz, Federal Public Defender and Patrick J. Burke, Asst. Federal Public Defender, Denver, Colo., for defendant-appellant.

Joseph F. Dolan, U. S. Atty., D. Colorado and Frank R. Kennedy, Asst. U. S. Atty., Denver, Colo., for plaintiff-appellee.

Before SETH, Chief Judge, McKAY and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir. R. 10(e). The cause is therefore ordered submitted without oral argument.

Appellant was charged with a federal crime, trespass upon a nuclear plant site,1 having as its maximum...

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