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UNITED STATES v. EVANS

Nos. 75-1483 to 75-1486.

542 F.2d 805 (1976)

UNITED STATES of America, Appellee, v. Jesse Lee EVANS et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 4, 1976.

Attorney(s) appearing for the Case

Chester I. Lewis, Wichita, Kan. (Lennox S. Hinds, New York City, with him on the brief), for appellants.

Bruce E. Miller, Asst. U. S. Atty., Topeka, Kan. (E. Edward Johnson, U. S. Atty., and Monti L. Belot, Asst. U. S. Atty., Topeka, Kan., with him on the brief), for appellee.

Before LEWIS, Chief Judge, SETH, Circuit Judge, and MORRIS, Chief Judge.

SETH, Circuit Judge.

The appellants were prisoners at the United States Penitentiary at Leavenworth, Kansas, at the time a serious riot occurred in the prison. A guard was killed, and other guards were injured. The disturbance started in the dining area, and there were outbreaks in other areas. It finally centered near cell house A where all the appellants were housed except Alf Hill, Jr.

The case went to trial on July 29th and the jury returned its verdict...

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