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U.S. v. KELLY

No. 92-5361.

989 F.2d 162 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Keith Brian KELLY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 24, 1993.

Attorney(s) appearing for the Case

Russell Paul Butler, Ditrani & Butler, argued, Camp Springs, MD, for defendant-appellant.

Hollis Raphael Weisman, Asst. U.S. Atty. (Richard D. Bennett, U.S. Atty., Hyattsville, MD, on brief), for plaintiff-appellee.

Before MURNAGHAN and HAMILTON, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

KAUFMAN, Senior District Judge:

Kelly appeals the order of the District Court affirming Kelly's conviction after a bench trial before United States Magistrate Judge Lombardi. Kelly was convicted of common law attempted theft of property worth less than $300, as adopted from Maryland law under the Assimilated Crimes Act (ACA), 18 U.S.C. § 13, and of loitering in contravention of 45 C.F.R. 3.42. The Magistrate Judge then held that the loitering...

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