UNITED STATES v. GIAMPINO

No. 1034, Docket 81-1509.

680 F.2d 898 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Robert GIAMPINO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 2, 1982.

Rehearing Denied September 3, 1982.


Attorney(s) appearing for the Case

John McCann, Asst. U. S. Atty., Syracuse, N. Y. (George H. Lowe, U. S. Atty., N. D. N. Y., and Joseph A. Pavone, Asst. U. S. Atty., Syracuse, N. Y., on the brief), for plaintiff-appellee.

John J. Brunetti, Syracuse, N. Y., for defendant-appellant.

Before MANSFIELD and KEARSE, Circuit Judges, and CABRANES, District Judge.


KEARSE, Circuit Judge:

Defendant Robert Giampino appeals from a judgment of conviction entered in the United States District Court for the Northern District of New York, after a jury trial before Neal P. McCurn, Judge, for forcibly impeding and assaulting a federal marshal, in violation of 18 U.S.C. § 111 (1976). Because the district court failed to accede to the defendant's proper request that the jury be instructed with respect to a lesser-included offense...

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