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U.S. v. RIGGINS

No. 94-10065.

40 F.3d 1055 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Ladonna M. RIGGINS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 25, 1994.

Attorney(s) appearing for the Case

Alexander Silvert and Melissa A. Day, Asst. Federal Public Defenders, Honolulu, HI, for defendant-appellant.

Edward H. Kubo, Jr., Asst. U.S. Atty., Honolulu, HI, for plaintiff-appellee.

Before: BROWNING, TROTT and KLEINFELD, Circuit Judges.

TROTT, Circuit Judge:

A jury convicted Ladonna Riggins ("Riggins") of assault with a dangerous weapon and misdemeanor assault by striking, in violation of 18 U.S.C. § 113(c) and (d). Riggins was sentenced to 24 months of incarceration after the district court adjusted her base offense level and departed downward five levels.

Riggins appeals her conviction under 18 U.S.C. § 113(c) on the ground that the belt and shoe used cannot be dangerous weapons...

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