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U.S. v. TURNER

No. 93-3370.

44 F.3d 900 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Merrie Warren TURNER, aka Merrie Foutz, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 24, 1995.

Attorney(s) appearing for the Case

Robin D. Fowler (Randall K. Rathbun, U.S. Atty., and Michael G. Christensen, Asst. U.S. Atty., with him on the brief), Asst. U.S. Atty., Wichita, KS, for plaintiff-appellee.

Braden W. Sparks (Michael C. McClintock, Gonzaga University School of Law, Spokane, WA, with him on the briefs) of Braden W. Sparks, P.C., Dallas, TX, for defendant-appellant.

Before BRORBY and McWILLIAMS, Circuit Judges, and BURCIAGA, District Judge.

BRORBY, Circuit Judge.

The defendant, Merrie W. Turner, appeals the district court's decision refusing to instruct the jury on the defense of necessity and imposing certain limitations as conditions of her probation. We have jurisdiction under 28 U.S.C. § 1291, and affirm.

BACKGROUND

Due to persistent antiabortion protests at a clinic in Wichita, Kansas, a preliminary injunction was issued on August 5, 1991, by a United States District Court...

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