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U.S. v. SAENZ

No. 98-10175.

179 F.3d 686 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar SAENZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 1999.

Attorney(s) appearing for the Case

S. Jonathan Young, Tucson, Arizona, for the defendant-appellant.

Richard E. Gordon, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellee.

Before: LAY, PREGERSON, and HAWKINS, Circuit Judges.

PREGERSON, Circuit Judge:

Oscar Saenz appeals his jury conviction for assault with a dangerous weapon with intent to do bodily harm in violation of 18 U.S.C. §§ 1153 and 113(a)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291, and because of an intervening and recent en banc decision, United States v. James, 169 F.3d 1210 (9th Cir.1999) (en banc), unavailable to the district court at the time of its ruling...

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