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U.S. v. DEVENPORT

No. 97-1292.

131 F.3d 604 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Bradley J. DEVENPORT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 1997.

Attorney(s) appearing for the Case

Peggy A. Lautenschlager, Larry Wsalek (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Ralph A. Kalal (argued), Kalal & Associates, Madison, WI, for Defendant-Appellant.

Before CUDAHY, FLAUM, and DIANE P. WOOD, Circuit Judges.

FLAUM, Circuit Judge.

In this appeal, we decide whether the Federal Assimilative Crimes Act, 18 U.S.C. § 13, assimilates a Wisconsin statute that imposes civil penalties for first offense drunk driving. We hold that it does not and therefore reverse and remand this matter with instructions to vacate the judgment below and dismiss for lack of subject-matter jurisdiction.

I. Background

Bradley Devenport was arrested by military police for drunk...

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