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U.S. v. HOY

No. 353, Docket 97-1129.

137 F.3d 726 (1998)

UNITED STATES of America, Appellee, v. Dyke HOY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 2, 1998.

Attorney(s) appearing for the Case

David A. Lewis, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York City, for Defendant-Appellant.

Gary Stein, Assistant United States Attorney for the Southern District of New York, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Paul A. Engelmayer, Assistant United States Attorney for the Southern District of New York, of counsel), for Appellee.

Before: KEARSE, MINER and CABRANES, Circuit Judges.

MINER, Circuit Judge:

This is an appeal from a judgment entered in the United States District Court for the Southern District of New York (Chin, J.), convicting defendant Dyke Hoy, following a jury trial, of assaulting Deputy United States Marshal Ronald J. Schlagel while Schlagel was engaged in the performance of official duties. The assault occurred while Schlagel was taking action in connection with a state law violation. On appeal, Hoy principally argues that...

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