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NOGUEIRA v. UNITED STATES

No. 81-1682.

683 F.2d 576 (1982)

Anthony NOGUEIRA, Petitioner, Appellee, v. UNITED STATES of America, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided July 19, 1982.

Attorney(s) appearing for the Case

John C. Doherty, Asst. U. S. Atty., Boston, Mass., with whom Mark L. Wolf, Deputy U. S. Atty., Boston, Mass., was on brief, for appellant.

Robert G. Bone, Boston, Mass., with whom Hill & Barlow, Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, FAIRCHILD, and BREYER, Circuit Judges.

BREYER, Circuit Judge.

Anthony Nogueira, the appellee, was arrested in January 1974 and charged with assault with intent to commit murder and assault with a dangerous weapon. 18 U.S.C. § 113(a), (c). On September 23, 1974, he pleaded guilty to the former crime, the latter charge was dropped, and in early October he was sentenced to fifteen years imprisonment. After serving six and one-half years, he was released on parole.

In 1979 Nogueira began to attack...

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