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U.S. v. PETHICK

No. 06-1525.

513 F.3d 1200 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Mitchell James PETHICK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 17, 2008.

Attorney(s) appearing for the Case

Philip W. Ogden, Colorado Springs, CO, for Defendant-Appellant.

Paul Farley, Assistant United States Attorney, (Troy A. Eid, United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.

Before TACHA, HOLLOWAY and MURPHY, Circuit Judges.

HOLLOWAY, Circuit Judge.

This appeal arises from a federal prosecution for the misdemeanor offense of driving under the influence of alcohol. The federal district court had jurisdiction over this case because the offense occurred on the Fort Carson Military Reservation in Colorado. Thus, the information charged Pethick with a violation of 18 U.S.C. § 13,1 incorporating Colorado Revised Statute § 42-4-1301(1)(a). Pethick was convicted...

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