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UNITED STATES v. BOOMER

Nos. 76-1755 and 76-1756.

571 F.2d 543 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Warren BOOMER and Gerald Edwin Heft, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided March 14, 1978.

Attorney(s) appearing for the Case

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

Leonard D. Munker, Federal Public Defender, Kansas City, Kan. (John O. Martin, Asst. Federal Public Defender, Kansas City, Kan., on the brief), for Charles Warren Boomer, defendant-appellant.

E. J. Webber, Topeka, Kan., for Gerald Edwin Heft, defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

Boomer and Heft, inmates in the United States Penitentiary at Leavenworth, Kansas, were jointly charged and tried for attempted escape from that institution in violation of 18 U.S.C. § 751(a). At trial, both defendants admitted their attempt to escape and relied upon duress or coercion as a defense. Each related a long history of alleged abuse and mistreatment at the hands of both prison officials and fellow inmates. The issue of coercion...

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