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UNITED STATES v. BRYANT

No. 76-4089.

563 F.2d 1227 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. David Ray BRYANT, Michael Dennis Riker, Edward Stillman, Waylon Dwight Perry, Irvin Campbell, Leslie Ledon Smith, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 3, 1978.

Attorney(s) appearing for the Case

Stephen Lindsey Gorman, Tallahassee, Fla. (Court-appointed), for Bryant.

Michael W. Dugger, Tallahassee, Fla. (Court-appointed), for Riker.

D. Stephen Kahn, Tallahassee, Fla. (Court-appointed), for Stillman.

C. Gary Williams, Tallahassee, Fla. (Court-appointed), for Perry.

L. Lee Williams, Jr., Tallahassee, Fla. (Court-appointed), for Campbell.

Edwin Ames Green, II, Tallahassee, Fla. (Court-appointed), for Smith.

Nickolas P. Geeker, U. S. Atty., Pensacola, Fla., Donald S. Modesitt, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before THORNBERRY, Circuit Judge, SKELTON, Senior Judge, and MORGAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied January 3, 1978.

SKELTON, Senior Judge:

On June 9, 1976, a riot or mutiny occurred at the Federal Correctional Institution at Tallahassee, Florida. Some fifty to seventy-five inmates of the institution were involved. The riot lasted approximately one hour during which time those participating in the disturbance broke chairs, windows, plumbing fixtures, and damaged office equipment and other prison property. The riot was...

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