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This is an appeal from a judgment entered in the United States District Court for the Southern District of New York (Chin, J.), convicting defendant Dyke Hoy, following a jury trial, of assaulting Deputy United States Marshal Ronald J. Schlagel while Schlagel was engaged in the performance of official duties. The assault occurred while Schlagel was taking action in connection with a state law violation. On appeal, Hoy principally argues that Schlagel was not engaged in the performance of official duties at the time of the assault. In making this argument, Hoy challenges a policy of the United States Marshals Service authorizing deputy marshals to intervene upon observing the commission of state law crimes involving physical harm or the threat of such harm. Finding no merit in Hoy's contentions, we affirm.


137 F.3d 726 (1998)

UNITED STATES of America, Appellee,


Dyke HOY, Defendant-Appellant.

No. 353, Docket 97-1129.

United States Court of Appeals, Second Circuit.

Argued October 7, 1997.

Decided March 2, 1998.

New York Law School location: File #2591, Box #138