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U.S. v. SMITH

No. 93-4022.

7 F.3d 1164 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Gordon Lynn SMITH, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 10, 1993.

Attorney(s) appearing for the Case

Richard A. Friedman, Appellate Section Criminal Div., U.S. Dept. of Justice, Washington, DC, Allen H. Hurst, Asst. U.S. Atty. and Bob Wortham, U.S. Atty., Tyler, TX, for plaintiff-appellant.

David Hill, Henderson, TX (court appointed), for defendant-appellee.

Before GARWOOD, DAVIS and SMITH, Circuit Judges.

GARWOOD, Circuit Judge:

In this interlocutory appeal, plaintiff-appellant the United States challenges an order of the district court dismissing the second of two counts charging defendant-appellant Gordon Lynn Smith (Smith) with knowingly and willfully threatening the life of then-President Bush, in violation of 18 U.S.C. § 871. The district court determined that the substantive defense of outrageous government conduct arose as a matter of law when questioning...

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