Court of Appeals for the Tenth Circuit September 3, 1987, 86-2660 (United States v. Andrew Pino, A/K/A Andrew Apodaca)

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LOGAN, Circuit Judge.

A federal jury convicted defendant Andrew Pino, an American Indian, on one count of assault with a dangerous weapon with intent to do bodily harm, in violation of 18 U.S.C. § 1153 and 18 U.S.C. § 113(c), and one count of assault resulting in serious bodily injury, in violation of 18 U.S.C. § 1153 and 18 U.S.C. § 113(f). The victim, Alton Tsalabutie, was also an Indian.