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U.S. v. COLLAZO

No. 96-50890 Summary Calendar.

117 F.3d 793 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Orlando COLLAZO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 9, 1997.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Philip Eugene Police, Office of the United States Attorney, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes, Federal Public Defender's Office, San Antonio, TX, for Defendant-Appellant.

Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Orlando Collazo appeals his conviction on one count of operating a motor vehicle while intoxicated in violation of Texas Penal Code § 49.04 as incorporated into federal law by the Assimilative Crimes Act ("ACA"), 18 U.S.C. § 13. We affirm.

I

Collazo, a civilian, was stopped for an identification check at Gate One on Kelly Air Force Base ("Kelly AFB"). Having observed Collazo's erratic driving, the gate sentry...

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