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UNITED STATES v. ROBINSON

Nos. 19541, 19542 and 19543.

420 F.2d 516 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Lee ROBINSON, Samuel Holt, Jr., and Jerome James Powell, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

January 8, 1970.

Attorney(s) appearing for the Case

David B. Rosenthal (court appointed), Detroit, Mich., for defendant-appellant Robinson.

Charles E. Fonville (court appointed), Detroit, Mich., for defendant-appellant Holt.

Cornelius Pitts (court appointed), Detroit, Mich., for defendant-appellant Powell.

Philo, Maki, Moore, Pitts, Ravitz, Glotta, Cockrel & Robb, by Cornelius Pitts, Otis & Rosenthal, by David B. Rosenthal, Detroit, Mich., on the brief for defendants-appellants.

Ralph B. Guy, Jr., Chief Asst. U. S. Atty., Dearborn, Mich., for plaintiff-appellee; James H. Brickley, U. S. Atty., on the brief.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and WEINMAN, District Judge.

PER CURIAM.

Defendants-appellants, who were at the time involved inmates of a Michigan penal institution, were indicted and convicted of the crime of sodomy and of assault to commit sodomy. The charge was made under a Michigan statute, and the sole issue on appeal is the claimed unconstitutionality of the Michigan statute, which claim is based on the fact that no distinction is made between acts forced upon the participants and those engaged in by consenting adults...

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