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  5. 755 F.Supp. 885 (1991)
 

U.S. v. DRIVER

No. CR. 90-30026-01.

755 F.Supp. 885 (1991)

UNITED STATES of America, Plaintiff, v. Roland Richard DRIVER, a/k/a Roland Richard Mousseaux, Defendant.

United States District Court, D. South Dakota.

February 6, 1991.

Attorney(s) appearing for the Case

Dennis Holmes, Asst. U.S. Atty., Pierre, S.D., for plaintiff Government.

Robert D. Hofer, Riter, Mayer, Hofer & Riter, Pierre, S.D., for defendant.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

Convicted on all counts [I, II and III] after trial by jury, defendant now moves for acquittal or for a new trial (Fed.R.Crim. Proc. 29 and 33).

I.

Count I of the indictment charged assault with a dangerous weapon, (18 U.S.C. § 11521 and § 113(c)) and Count II charged assault with a dangerous weapon (18 U.S.C. § 11532

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