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UNITED STATES v. FARRIES

Nos. 71-1608, 71-1695, 71-1836, 71-1837, 71-1910.

459 F.2d 1057 (1972)

UNITED STATES of America v. Keith FARRIES et al., Appellant in No. 71-1608. Appeal of Stephen FERGUSON, in No. 71-1695. Appeal of Kenneth SWANSON, in No. 71-1836. Appeal of Billy H. BOULWARE, in No. 71-1837. Appeal of Alexander X. TISDALE, in No. 71-1910.

United States Court of Appeals, Third Circuit.

Decided April 7, 1972.

As Amended April 12, 1972.

Attorney(s) appearing for the Case

Myron M. Moskowitz, Shamokin, Pa., for Keith Farries.

William H. Nast, Jr., Harrisburg, Pa., for Stephen Ferguson.

Gilbert E. Petrina, Harrisburg, Pa., for Kenneth Swanson.

James H. Rowland, Jr., Rowland & Rowland, Harrisburg, Pa., for Billy H. Boulware.

Carl B. Stoner, Harrisburg, Pa., for Alexander X. Tisdale.

Alfred L. Hantman, Gregory C. Jones, Criminal Division, Dept. of Justice, Washington, D. C., for appellee.

Before ADAMS, GIBBONS and ROSEN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The appellants Farries, Boulware, Tisdale, Ferguson and Swanson appeal from sentences imposed following guilty verdicts in a jury trial on an indictment charging various offenses which took place during a mutiny and riot at the United States Penitentiary, Lewisburg, Pennsylvania on February 1, 1970. On April 20, 1970, a 22 count indictment was returned in the Middle District of Pennsylvania against the appellants...

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