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U.S. v. ALCORN

No. 02-3189.

329 F.3d 759 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Ricky W. ALCORN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 21, 2003.

Attorney(s) appearing for the Case

Cyd Gilman, Assistant Federal Public Defender, Wichita, Kansas, for Defendant-Appellant.

Debra L. Barnett, Assistant United States Attorney (Eric F. Melgren, United States Attorney, and Brent I. Anderson, Assistant United States Attorney, on the briefs), Wichita, Kansas, for Plaintiff-Appellee.

Before LUCERO, Circuit Judge, McWILLIAMS and ANDERSON, Senior Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Defendant Ricky W. Alcorn appeals his conviction, following a jury trial, for willfully and unlawfully wrecking a train, in violation of 18 U.S.C. § 1992. We affirm.

BACKGROUND

At approximately 11:00 p.m. on August 29, 2001, Alcorn drove his pick-up truck north along Greenwich Road in Sedgwick County, Kansas. As he approached 95th Street, he encountered two barricades stretching the width of the road and indicating...

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