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UNITED STATES v. BENNETT

Nos. 74-1410 and 75-1171.

539 F.2d 45 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Odell BENNETT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 28, 1976.

Attorney(s) appearing for the Case

Bruce E. Miller, Asst. U.S. Atty., Topeka, Kan. (E. Edward Johnson, U.S. Atty., Topeka, Kan., on the brief), for plaintiff-appellee.

David J. Waxse, Olathe, Kan. (Payne & Jones, Chartered, Olathe, Kan., on the brief), for defendant-appellant.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-appellant Odell Bennett seeks reversal of his conviction on count three of a five count indictment for forcibly resisting, opposing, impeding, intimidating and interfering with a hospital administrator, Reeves, at the dress-out room used at Leavenworth Penitentiary in August, 1973, and on a like charge in count four for forcibly resisting a deputy marshal, Lopez, while Reeves and Lopez were engaged in performance of official duties...

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