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U.S. v. PALMER

No. 90-10630.

945 F.2d 246 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Howard PALMER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1991.

Attorney(s) appearing for the Case

Marc C. Ament, Asst. Federal Defender, Fresno, Cal., for defendant-appellant.

Jonathan B. Conklin, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before BROWNING, FARRIS and LEAVY, Circuit Judges.

FARRIS, Circuit Judge:

Michael Howard Palmer appeals his conviction for driving in Yosemite National Park while under the influence of alcohol, with three or more prior convictions, in violation of the Assimilative Crimes Act, 18 U.S.C. § 13(a), and California Vehicle Code §§ 23152 and 23175. Because assimilation of California state law was improper, we reverse.

Background

On May 18, 1990, Palmer drove a pickup truck in Yosemite National...

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