Court of Appeals for the Second Circuit March 2, 1998, 353, Docket 97-1129 (United States v. Dyke Hoy)

MINER, Circuit Judge:

This is an appeal from a judgment entered in the Umted States District Court for the Southern District of New York (Chin, J.), convicting defendant Dyke Hoy, following a jury trial, of assaulting Deputy Umted States Marshal Ronald J. Schlagel while ScMagel. was engaged in the performance of official duties.