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PEOPLE OF PUERTO RICO v. KOEDEL

No. 90-1471.

927 F.2d 662 (1991)

PEOPLE OF PUERTO RICO, Plaintiff, Appellee, v. Gerald Thomas KOEDEL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 7, 1991.

Attorney(s) appearing for the Case

Marc Richman, Appellate Staff, Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Daniel F. Lopez-Romo, U.S. Atty., Miguel A. Fernandez, Asst. U.S. Atty., and Barbara L. Herwig, Appellate Staff, Civ. Div., Dept. of Justice, were on brief for defendant, appellant.

Carlos Lugo-Fiol, Asst. Sol. Gen., with whom Jorge E. Perez-Diaz, Sol. Gen., and Norma Cotti-Cruz, Deputy Sol. Gen., Dept. of Justice, were on brief for plaintiff, appellee.

Before CAMPBELL, TORRUELLA and CYR, Circuit Judges.

TORRUELLA, Circuit Judge.

Private Gerald T. Koedel appeals his conviction for simple assault and battery upon a newspaper photographer on a stretch of land which was part of a United States military installation in San Juan, Puerto Rico. Charges were originally filed before the Commonwealth courts under the applicable provision of the Puerto Rico Penal Code, and the defendant then removed the case to the United States District...

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