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UNITED STATES v. MUNIZ

No. 80-1674.

684 F.2d 634 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Gilbert MUNIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1982.

Attorney(s) appearing for the Case

Linda Smith, O'Melveny & Myers, Los Angeles, Cal., for defendant-appellant.

J. Clancy Wilson, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before SNEED, TANG and PREGERSON, Circuit Judges.

TANG, Circuit Judge:

Anthony Muniz appeals his conviction of assault with intent to commit murder, 18 U.S.C. § 113(a), and conveyance of a weapon within a federal correctional institution, 18 U.S.C. § 1792.

Muniz's conviction results from the events surrounding the assault of a fellow inmate, Frank Zarate. Zarate was stabbed one morning around 8 a. m. with a nine-inch knife as he lay asleep in his cell....

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