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U.S. v. BALL

No. 88-5183.

868 F.2d 984 (1989)

UNITED STATES of America, Appellee, v. Keith Eugene BALL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1989.

Rehearing Denied April 7, 1989.

Attorney(s) appearing for the Case

Jane Wipf, Rapid City, S.D., for appellant.

Ted L. McBride, Asst. U.S. Atty., Rapid City, S.D., for appellee.

Before McMILLIAN and BEAM, Circuit Judges and WHIPPLE, District Judge.

WHIPPLE, District Judge.

Appellant was charged by indictment with one count of forcibly assaulting a federal officer with a dangerous or deadly weapon in violation of 18 U.S.C. § 111 and 18 U.S.C. § 1114. Trial commenced on March 14, 1988, and on March 15, 1988, the jury returned its verdict of guilty upon the lesser included offense of forcibly assaulting a federal officer.

The sole issue presented on appeal is whether the district court

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