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UNITED STATES v. SINCLAIR

No. 30194 Summary Calendar.

438 F.2d 50 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Harrison SINCLAIR, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 18, 1971.

Attorney(s) appearing for the Case

Gerald L. Burrows, Atlanta, Ga. (Court appointed), for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Allen L. Chancey, Jr., Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before WISDOM, COLEMEN, and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

On November 29, 1968, a guard at the Atlanta Federal Penitentiary was struck on the head by a paper bag containing two iron bar bell weights. Prisoners on the fifth tier of the penitentiary threw the weights at just the moment when they would strike the guard as he was about to perform a routine duty preparatory to making his regular nine o'clock head-count. He survived, miraculously. Three prisoners...

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