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U.S. v. PATE

No. 02-13408.

321 F.3d 1373 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Edward L. PATE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 21, 2003.

Attorney(s) appearing for the Case

Robert M. Shipman, Huntsville, AL, for Defendant-Appellant.

Alice H. Martin, Joyce White Vance, Birmingham, AL, for Plaintiff-Appellee.

Before DUBINA and BLACK, Circuit Judges, and RYSKAMP, District Judge.

DUBINA, Circuit Judge:

Appellant Edward L. Pate ("Pate") appeals the district court's imposition of his sentence under the Assimilated Crimes Act, 18 U.S.C. § 13(a) (1994) ("ACA"), for driving under the influence of alcohol ("DUI"), in violation of Ala.Code § 32-5A-191(a)(1)(1975). We affirm.

I. BACKGROUND

A federal grand jury in the Northern District of Alabama returned a one-count indictment charging Pate with a violation of DUI...

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