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UNITED STATES v. PHILLIPS

No. 79-5433.

630 F.2d 1138 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Leslie Marion PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1980.

As Corrected on Denial of Rehearing November 13, 1980.

Attorney(s) appearing for the Case

Michael J. Hammons, Covington, Ky., for defendant-appellant.

Patrick H. Molloy, U.S. Atty., James E. Arehart, Asst. U.S. Atty., Lexington, Ky., for plaintiff-appellee.

Before EDWARDS, Chief Judge, WEICK and MARTIN, Circuit Judges.

WEICK, Circuit Judge.

Appellant Leslie Marion Phillips (Leslie) has appealed to this court from his conviction by a jury in the district court and sentence on five counts of a fourteen count joint indictment which charged him and his wife Melissa Ann Phillips (Melissa) with a conspiracy to assault with a deadly weapon two United States Marshals who were engaged in the performance of their official duties, in violation of 18 U.S.C. § 113(b); and with the substantive...

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