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U.S. v. CROSBY

No. 94-10556.

75 F.3d 1343 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip CROSBY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1996.

As Amended on Denial of Rehearing April 2, 1996.

Attorney(s) appearing for the Case

Michael D. Gordon, Assistant Federal Public Defender, Phoenix, Arizona, for defendant-appellant.

Stanley L. Patchell, Assistant United States Attorney, Phoenix, Arizona, for plaintiff-appellee.

Before: SNEED, KOZINSKI and JOHN T. NOONAN, Jr., Circuit Judges.

KOZINSKI, Circuit Judge:

We plumb, once again, the turbid depths of Fed.R.Evid. 403.

I

Phillip Crosby was convicted of assault resulting in serious bodily injury, in violation of 18 U.S.C. § 113(f).1 There is no dispute that the victim, Dorothy Benton, was seriously injured. Less clear is who caused these injuries, largely because everyone known to be involved was in a drunken stupor at the time.

Crosby and...

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