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UNITED STATES v. MONTOYA

No. 80-2329.

676 F.2d 428 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Pablo Vincent MONTOYA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 26, 1982.

Attorney(s) appearing for the Case

Tova Indritz, Asst. Federal Public Defender, Albuquerque, N. M. (R. Raymond Twohig, Jr., Asst. Federal Public Defender, Albuquerque, N. M., on the brief), for defendant-appellant.

James F. Blackmer, Asst. U. S. Atty., Albuquerque, N. M. (R. E. Thompson, U. S. Atty., Albuquerque, N. M., with him on the brief), for plaintiff-appellee.

Before SETH, SEYMOUR and PECK, Circuit Judges.

SEYMOUR, Circuit Judge.

Pablo Montoya appeals convictions on offenses charged under a multiple count indictment generated by his assault of a Federal law enforcement officer. Montoya asserts the trial judge erroneously refused to instruct the jury on certain defense theories and improperly denied a motion for acquittal on two of the counts. We find these claims devoid of merit and affirm the judgment of the district court.

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