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UNITED STATES v. BENTON

No. 79-5576.

637 F.2d 1052 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Allen Clifton BENTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied April 16, 1981.

Attorney(s) appearing for the Case

Frank J. Petrella, Atlanta, Ga., for defendant-appellant.

William L. Harper, U. S. Atty., Richard H. Dean, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before MORGAN, ANDERSON and THOMAS A. CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 16, 1981.

R. LANIER ANDERSON, III, Circuit Judge:

Appellant, Allen Clifton Benton, an inmate at the Atlanta Federal Penitentiary, was indicted and tried on three counts: for murdering another inmate, William Rhett Zambito, in violation of 18 U.S.C.A. § 1111; for conveying a weapon within a federal prison in violation of 18 U.S.C.A. § 1792; and for conspiring to murder Zambito in violation of 18 U.S.C.A...

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