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UNITED STATES v. COMBS

No. 84-5242.

762 F.2d 1343 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Dwayne COMBS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1985.

Attorney(s) appearing for the Case

Joan Weber, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Walter Maund, San Diego, Cal., for defendant-appellant.

Before KENNEDY, HUG and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

Defendant Michael Combs appeals his convictions on both counts of a two-count indictment. Finding that the district court incorrectly instructed the jury on the offense charged in Count One, we reverse Combs' conviction with respect to Count One. We affirm, however, his conviction of the offense charged in Count Two.

I.

In November 1983, two deputy sheriffs, responding to a report of rapid-fire shooting, approached a small...

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