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UNITED STATES v. ROCHE

No. 379-70.

443 F.2d 98 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Terrence ROCHE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 13, 1971.

Attorney(s) appearing for the Case

Maron Moses, Jr., Denver, Colo., for appellant.

James A. Pusateri, Asst. U. S. Atty., Kansas City, Kan. (Robert J. Roth, U. S. Atty., Wichita, Kan., on the brief), for appellee.

Before BREITENSTEIN and HILL, Circuit Judges, and LANGLEY, District Judge.

HILL, Circuit Judge.

Appellant Roche was convicted on an indictment charging him for knowingly and willfully conveying from place to place within the United States Penitentiary at Leavenworth, Kansas, a thing designed to kill, injure or disable an employee or inmate thereof in violation of 18 U.S.C. § 1792.

The government's uncontroverted evidence was that on October 10, 1969, prison authorities searched Roche, then an inmate at Leavenworth, and found...

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