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U.S. v. MINGER

Nos. 92-5128, 92-5131 and 92-5185.

976 F.2d 185 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Rodney MINGER; Kevin Gray, Defendants-Appellees. Public Defender Service for the District of Columbia, Amicus Curiae. UNITED STATES of America, Plaintiff-Appellant, v. Antoine HOWARD, Defendant-Appellee, Public Defender Service for the District of Columbia, Amicus Curiae. UNITED STATES of America, Plaintiff-Appellant, v. Jerry KIBLER, Defendant-Appellee. Public Defender Service for the District of Columbia, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 1992.

Attorney(s) appearing for the Case

Kathleen O'Connell Gavin, Asst. U.S. Atty., Baltimore, Md., argued (Richard D. Bennett, U.S. Atty., Raymond A. Bonner, Asst. U.S. Atty., on brief), for plaintiff-appellant.

Joseph A. Balter, Asst. Federal Public Defender, Federal Public Defender's Office, Baltimore, Md., argued (Fred Warren Bennett, Federal Public Defender, Denise Benvenga, Asst. Federal Public Defender, Federal Public Defender's Office, Antonio Gioia, Baltimore, Md., Steven Jacoby, College Park, Md., David George, Silver Spring, Md., on brief), for defendants-appellees.

David A. Reiser, Sp. Litigation Counsel, Public Defender Service, Washington, D.C., for amicus curiae.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

OPINION

WIDENER, Circuit Judge:

This consolidated appeal requires us to determine whether the Oak Hill Youth Center (Oak Hill) is a "place of confinement" within the meaning of the Assimilative Crimes Act (ACA), 18 U.S.C. §§ 7 and 13,1 and the Md.Ann.Code art. 27, § 139.2 Minger, Gray, Howard and Kibler were indicted under the ACA and §...

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