U.S. v. PINO

No. 86-2660.

827 F.2d 1429 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew PINO, a/k/a Andrew Apodaca, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 3, 1987.


Attorney(s) appearing for the Case

Alonzo Padilla (Kirk Garcia, on the brief), Albuquerque, N.M., for defendant-appellant.

Richard Smith (William L. Lutz, U.S. Atty., and Mark D. Jarmie, Asst. U.S. Atty., on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before LOGAN, BARRETT and SEYMOUR, Circuit Judges.


LOGAN, Circuit Judge.

A federal jury convicted defendant Andrew Pino, an American Indian, on one count of assault with a dangerous weapon with intent to do bodily harm, in violation of 18 U.S.C. § 1153 and 18 U.S.C. § 113(c), and one count of assault resulting in serious bodily injury, in violation of 18 U.S.C. § 1153 and 18 U.S.C. § 113(f). The victim, Alton Tsalabutie, was also an Indian. The assault...

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