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U.S. v. SHERWIN

No. 01-3209.

271 F.3d 1231 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. David Allen SHERWIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 27, 2001.

Attorney(s) appearing for the Case

Ronald E. Wurtz, Assistant Federal Public Defender, (David J. Phillips, Federal Public Defender, with him on the brief), Topeka, KS, for the appellant.

Matthew V. Rusch, Special Assistant United States Attorney, Fort Riley, KS, (James E. Flory, United States Attorney, and T.G. Luedke, Assistant United States Attorney, Topeka, KS, with him on the brief), for the appellee.

Before TACHA, Chief Judge, PORFILIO and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant David Allen Sherwin appeals his sentence for assaulting a military police officer, in violation of 18 U.S.C. §§ 111(a)(1) and 1114. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

On October 26, 2000, military police officers Thomas Duckworth and Timothy Wilson were on patrol at the Fort Riley Military Installation, Fort Riley, Kansas. Duckworth observed a vehicle make an accelerated...

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