BELOT, District Judge.
This appeal presents the question of whether, under the Assimilative Crimes Act, 18 U.S.C. § 13, a person may be prosecuted and convicted of the lesser included offense of aggravated assault, in violation of New Mexico law, when Congress has enacted a statute (18 U.S.C. § 113) making simple assault and its more aggravated forms federal offenses.
BACKGROUND
On the evening of September 11, 1990, Sergeant Phillip Joe...
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