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UNITED STATES v. LARRY

No. 75-2331.

536 F.2d 1149 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. John William LARRY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1976.

Rehearing and Rehearing Denied August 11, 1976.

Attorney(s) appearing for the Case

Gershwin A. Drain, Federal Defender Office, F. Randall Karfonta, William L. Woodard, Detroit, Mich., for defendant-appellant.

Ralph B. Guy, Jr., U. S. Atty., Gordon S. Gold, Loren Keenan, Asst. U. S. Attys., Detroit, Mich., for plaintiff-appellee.

Before EDWARDS and CELEBREZZE, Circuit Judges, and GREEN, Senior District Judge.

Rehearing and Rehearing En Banc Denied August 11, 1976.

GREEN, Senior District Judge.

Appellant was convicted by a jury upon a two-count indictment charging assault with intent to commit sodomy, 18 U.S.C. §§ 113(b) and 7, and commission of the substantive offense of sodomy, 18 U.S.C. §§ 13 and 7. The incident giving rise to those charges occurred at the Federal Correctional Institution at Milan, Michigan where appellant and the alleged...

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