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UNITED STATES v. LOPEZ

No. 83-2073 Summary Calendar.

710 F.2d 1071 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Agustin Alvarez LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 20, 1983.

Attorney(s) appearing for the Case

Heriberto Silva, Jr., Rio Grande City, Tex., for defendant-appellant.

James R. Gough, John M. Potter, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

TATE, Circuit Judge:

The defendant Lopez was convicted of assaulting a federal Customs Patrol officer in Texas "while said officer was engaged in the performance of his official duties," a violation of 18 U.S.C. § 111.1 On appeal, he contends that, although an assault was proved, a violation of the federal statute was not proved because, at the time of the assault, the customs officer was no longer engaged "in the performance of...

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