JOHN P. MOORE, Circuit Judge.
After a bench trial, defendant Harold Sain was convicted under the Assimilative Crimes Act, 18 U.S.C. § 13, of driving while impaired in violation of Okla.Stat. tit. 47, § 761 (1981), and of transporting a non-intoxicating beverage in an opened container in violation of Okla.Stat. tit. 21, § 1220 (1981),
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