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U.S. v. BURKE

No. 96-6354.

113 F.3d 211 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Steve BURKE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 29, 1997.

Attorney(s) appearing for the Case

William R. King, Federal Defenders' Office, Montgomery, AL, for Defendant-Appellant.

James Eldon Wilson, U.S. Attorney, Terry F. Moorer, Assistant U.S. Attorney, Montgomery, AL, Capt. Rooker A. Mears, Special Assistant U.S. Attorney, Maxwell AFB, AL, for Plaintiff-Appellee.

Before BLACK, Circuit Judge, RONEY, Senior Circuit Judge, and BURNS, Senior District Judge.

PER CURIAM:

Military police arrested Michael Steve Burke for driving while intoxicated in the Aberdeen Proving Ground, Maryland, a place within the Special Maritime and Territorial Jurisdiction of the United States. Because there is no federal law prohibiting such conduct, he was charged under the Assimilative Crimes Act (ACA), 18 U.S.C. § 13, with violating Maryland Code Annotated [Transportation] § 21-902(a) (1995) ("Driving While Intoxicated").

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