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U.S. v. PIERRE

No. 00-30135

254 F.3d 872 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Andrew Pierre, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2001

Attorney(s) appearing for the Case

Steven Jacobson, Assistant Federal Public Defender, Portland, Oregon, for the defendant-appellant.

Bill Williams and Michael W. Mosman, Assistant United States Attorneys, Portland, Oregon, for the plaintiff-appellee.

Before: THOMAS G. NELSON, SUSAN P. GRABER, and JOHNNIE B. RAWLINSON, Circuit Judges.

Argued and Submitted March 8, 2001 — Portland, Oregon

GRABER, Circuit Judge:

Defendant Thomas Andrew Pierre, Jr., appeals his conviction, after a jury trial, of assault with a dangerous weapon, in violation of 18 U.S.C. § 113(a)(3) and 1153. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Defendant, who is a member of the Confederated Tribes of the Umatilla Reservation, stabbed Nelson John in the neck, chest, abdomen, and...

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