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U.S. v. FLORES

No. 91-1679.

968 F.2d 1366 (1992)

UNITED STATES of America, Appellee, v. Joyce Lee FLORES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 30, 1992.

Attorney(s) appearing for the Case

Juan E. Alvarez, Asst. Federal Public Defender, with whom Benicio Sanchez Rivera, Federal Public Defender, San Juan, P.R., was on brief, for appellant.

Jose A. Quiles, Asst. U.S. Atty., with whom Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., and Epifanio Morales Cruz, Asst. U.S. Atty., Caguas, P.R., were on brief, for the U.S.

Before SELYA, Circuit Judge, LAY, Senior Circuit Judge, and O'SCANNLAIN, Circuit Judge.

SELYA, Circuit Judge.

A federal jury found defendant-appellant Joyce Lee Flores guilty on a charge of assaulting a flight attendant and interfering with the performance of the attendant's duties in violation of 49 U.S.C. § 1472(j) (1988). Flores assigns error to the trial court's refusal to instruct the jury on the lesser included offense of simple assault aboard an aircraft, 49 U.S.C. § 1472(k)(1) (1988). We sustain her appeal.1

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