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U.S. v. HAMBSCH

Civ. No. S 90-0373.

748 F.Supp. 343 (1990)

UNITED STATES of America v. Anthony HAMBSCH.

United States District Court, D. Maryland.

October 23, 1990.

Attorney(s) appearing for the Case

Breckinridge L. Willcox, U.S. Atty., Baltimore, Md., Jane F. Nathan, Asst. U.S. Atty., Hyattsville, Md., for plaintiff.

Daniel J. Slattery, Jr., Washington, D.C., for defendant.

MEMORANDUM OPINION

SMALKIN, District Judge.

This matter is before the Court on an appeal from a judgment of conviction for violation of 36 C.F.R. § 4.23(a)(1989) entered by United States Magistrate James E. Kenkel on September 6, 1990.

The only issue on appeal is whether the magistrate erred in accepting into evidence the results of a breath test for alcohol performed by the arresting officer. Appellant relies upon a provision of Maryland law...

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