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U.S. v. GARCIA

Nos. 88-5056, 88-5070.

868 F.2d 114 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Frank GARCIA, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Frank GARCIA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 1989.

Attorney(s) appearing for the Case

William G. Otis, Asst. U.S. Atty. (Henry E. Hudson, U.S. Atty., on brief), for plaintiff-appellant.

David Thomas Williams (William B. Cummings, on brief), for defendant-appellee.

Before WINTER, Chief Judge, and WIDENER and SPROUSE, Circuit Judges.

WIDENER, Circuit Judge:

Frank Garcia was convicted, following a jury trial, of using a deadly or dangerous weapon in resisting a federal officer, in violation of 18 U.S.C. §§ 111 and 1114; transporting a stolen vehicle in interstate commerce, in violation of 18 U.S.C. §§ 2312 and 2; and taking or using a vehicle without the consent of its owner, in violation of 18 U.S.C. § 13 (assimilating 1950 Code of Virginia 18.2-102).

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