615 F2d 266 United States v. F Shavers  615 F.2d 266  5 Fed. R.
Evid. Serv. 1304  UNITED STATES of America, Plaintiff-Appellee,
Charles F. SHAVERS, Defendant-Appellant.  No. 79-5368.  United
States Court of Appeals, Fifth Circuit.  April 8, 1980.  Joel
Kaplan, Robyn Hermann, Asst. Fed. Public Defenders, Miami, Fla.,
for defendant-appellant.  A. Scott Miller, Sonia Escobio
O'Donnell, Asst. U. S. Attys., Miami, Fla., for plaintiff-
appellee.   Before HILL, KRAVITCH and THOMAS A. CLARK, Circuit
Judges.  KRAVITCH, Circuit Judge.   Charles Shavers appeals his
conviction of assault with a deadly weapon in violation of 18
U.S.C. § 113(c).1 For the reasons stated below, we reverse.  I.
Facts   This case arose out of an altercation at the Key West
Naval Hospital in Key West, Florida, between appellant, a food
service worker, and Rolle, a cook. Shavers complained to his
supervisor that Rolle was in appellant's work area cutting Key
Lime pies and interfering with his work. The supervisor asked
Rolle to leave. Shortly aft