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UNITED STATES v. TOBIN

No. 82-5205.

701 F.2d 1108 (1983)

UNITED STATES of America, Appellee, v. Sean Patrick TOBIN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1983.

Attorney(s) appearing for the Case

Thomas Patrick O'Reilly, Riverdale, Md. (O'Reilly, James, Serio & Tansey, Riverdale, Md., on brief), for appellant.

Stephen J. Immelt, Asst. U.S. Atty., Baltimore, Md. (J. Frederick Motz, U.S. Atty., James P. Ulwick, Asst. U.S. Atty., Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and BRYAN, Senior Circuit Judge.

ALBERT V. BRYAN, Senior Circuit Judge:

Sean Tobin appeals his conviction for assault with a dangerous weapon with intent to do bodily harm. 18 U.S.C. § 113(c). Following a plea of not guilty and a bench trial upon stipulated facts, he moved the Federal Court for the District of Maryland to vacate its finding of guilt. The Court refused to grant the motion, characterizing it as a motion for a new trial made outside of the mandatory seven day period. Fed.R. Crim...

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