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UNITED STATES v. BURGIN

No. 14171.

440 F.2d 1092 (1971)

UNITED STATES of America, Appellee, v. Terry Lee BURGIN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1971.

Attorney(s) appearing for the Case

Thomas C. Brickle, Washington, D. C. (court-appointed counsel) [Gerald C. Baker and Brickle & Baker, Washington, D. C., on the brief], for appellant.

Gilbert K. Davis, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on the brief), for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

BOREMAN, Circuit Judge:

Terry Lee Burgin appeals his conviction on a charge of assault (reduced on motion of defendant at trial from assault with a deadly weapon) upon a correctional officer while Burgin was an inmate at Lorton Federal Reformatory. He was arraigned on September 17, 1969, at which time a not guilty plea was entered and defendant requested a jury trial. Trial was set for December 1, 1969. At arraignment, Burgin's counsel orally moved for a mental examination...

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