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UNITED STATES v. LaBARE

No. 76-1118.

542 F.2d 926 (1976)

UNITED STATES of America, Appellee, v. Richard Noel LaBARE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 21, 1976.

Certiorari Denied December 13, 1976.

Attorney(s) appearing for the Case

Robert P. Geary, Highland Springs, Va., for appellant.

L. Richard Rawls, Third Year Law Student (William B. Cummings, U. S. Atty., J. Frederick Sinclair, Asst. U. S. Atty., Alexandria, Va., and Charles L. Beard, Asst. U. S. Atty., Richmond, Va., on brief), for appellee.

Before CRAVEN and BUTZNER, Circuit Judges, and FIELD, Senior Circuit Judge.

Certiorari Denied December 13, 1976. See 97 S.Ct. 651.

PER CURIAM.

Richard Noel LaBare was convicted of violating 18 U.S.C. § 1792 by carrying a knifelike weapon from place to place within the Petersburg Federal Reformatory. Upon this appeal LaBare contends that carrying the weapon from one part of a cell to another does not constitute a violation of the statute, and that his act of carrying the weapon was not voluntary since he walked across the cell...

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