Nos. 90-3186, 90-3199.

931 F.2d 905 (1991)

UNITED STATES of America, Appellee, v. Elizabeth MASTROPIERRO, Appellant. UNITED STATES of America, Appellee, v. Rachel FRANKEL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 1991.

Attorney(s) appearing for the Case

Pamela Cardullo, Student Counsel,* with whom Steven H. Goldblatt (appointed by the Court) and Beth E. Cook were on the brief, for appellant Rachel M. Frankel.

Richard Seligman (appointed by the Court), for appellant Elizabeth Mastropierro.

David H. Baum, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Roy W. McLeese, III, and Eric B. Marcy, Asst. U.S. Attys., were on the brief, for appellee in both cases.

Before SILBERMAN, BUCKLEY and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

Appellants Rachel M. Frankel and Elizabeth Mastropierro each pleaded guilty to one count of depredation of federal property, in violation of 18 U.S.C. § 1361, for defacing the United States Capitol with human blood to protest the condition of the homeless. On August 15, 1990, the district judge sentenced each appellant to six months' imprisonment, suspended, two years' probation...


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