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U.S. v. AUSTIN

No. 92-3013.

981 F.2d 1163 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. James AUSTIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 22, 1992.

Attorney(s) appearing for the Case

Mark W. Works of Works, Works & Works, Topeka, KS, for defendant-appellant.

Thomas G. Luedke, Asst. U.S. Atty. (Lee Thompson, U.S. Atty., with him on the brief), D. of Kan., Topeka, KS, for plaintiff-appellee.

Before LOGAN, TACHA and EBEL, Circuit Judges.

LOGAN, Circuit Judge.

Defendant James Austin appeals his conviction for assaulting a correctional officer at the Federal Penitentiary in Leavenworth, Kansas, in violation of 18 U.S.C. § 111(a)(1). This court previously reversed a prior conviction for the same offense and ordered a new trial. United States v. Austin, 933 F.2d 833 (10th Cir.1991). After a second trial, defendant was again convicted; this appeal follows....

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