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U.S. v. MARMOLEJO

No. 89-8079.

915 F.2d 981 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Antonio MARMOLEJO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 26, 1990.

Attorney(s) appearing for the Case

LeRoy Morgan Jahn, Asst. U.S. Atty., San Antonio, Tex., Mark M. Greenberg, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., El Paso, Tex., Karen Skrivseth, U.S. Dist. Judge, Crim. Div. Appellate Section, Washington, D.C., for plaintiff-appellant.

Elizabeth Rogers, Asst. Federal Public Defender, El Paso, Tex., for defendant-appellee.

Before CLARK, Chief Judge, REAVLEY and KING, Circuit Judges.

CLARK, Chief Judge:

On November 18, 1988, appellee Antonio Marmolejo ("Marmolejo") pleaded guilty to a charge of cashing bad checks at the Army-Air Force Exchange Service at Fort Bliss, Texas in violation of Tex.Penal Code §§ 31.03 and 31.06. Since Marmolejo's conduct occurred on a federal installation it constituted a federal crime under the Assimilative Crimes Act, 18 U.S.C. § 13 ("ACA"). The court sentenced Marmolejo to serve five years on probation...

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