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U.S. v. BELGARD

No. 88-3173.

894 F.2d 1092 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. David Keith BELGARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 25, 1990.

Attorney(s) appearing for the Case

Kenneth Lerner, Asst. Federal Public Defender, Portland, Or., for defendant-appellant.

Charles H. Turner, U.S. Atty., Portland, Or., for plaintiff-appellee.

Before WRIGHT, TANG and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

David Keith Belgard appeals from a judgment in which he was sentenced to 42 months imprisonment with two years supervised release for his conviction for assault resulting in serious bodily injury to another, in violation of 18 U.S.C. § 113(f). Belgard's attack is two-pronged. First, he contends that the district court improperly instructed the jury with respect to the elements of simple assault and assault resulting in serious bodily...

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