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U.S. v. BRANNON

No. 97-10378.

146 F.3d 1194 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Vincent BRANNON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1998.

As Amended September 21, 1998.

Attorney(s) appearing for the Case

Vicki E. Cody, Assistant Federal Defender, Sacramento, CA, for defendant-appellant.

Mark J. McKeon, Assistant United States Attorney, Sacramento, CA, for plaintiff-appellee.

Before: NOONAN and TROTT, Circuit Judges, and WALLACH, Judge.

Opinion by Judge NOONAN; Dissent by Judge WALLACH.

NOONAN, Circuit Judge:

Kevin Vincent Brannon appeals his conviction of driving under the influence on a military base in violation of the Assimilative Crimes Act, 18 U.S.C. § 13, which incorporates California Vehicle Code (CVC) § 23152(a).

FACTS

Shortly after 1:00 a.m. on June 6, 1996, Brannon drove to McClellan Air Force Base in Sacramento County, California for the purpose...

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