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U.S. v. RUE

No. 92-3300.

988 F.2d 94 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. William L. RUE, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 9, 1993.

Attorney(s) appearing for the Case

Submitted on the Briefs:1

Lee Thompson, Wichita, KS, U.S. Atty., and Thomas G. Luedke, Topeka, KS, Asst. U.S. Atty., on the brief, for plaintiff-appellee.

Charles D. Anderson, Federal Public Defender, and Marilyn M. Trubey, Topeka, KS, Asst. Federal Public Defender, on the brief, for defendant-appellant.

Before LOGAN, MOORE, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Mr. Rue appeals his sentence asserting the district court erred when it applied United States Sentencing Commission, Guidelines Manual, § 2A2.2 (Nov. 1991) (hereinafter U.S.S.G. § 2A2.2) — Aggravated Assault, instead of U.S.S.G. § 2A2.4 — Obstructing or Impeding Officers (1991). We affirm.

The basic facts are essentially uncontested. Mr. Rue was a federal inmate serving his sentence of imprisonment...

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