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UNITED STATES v. RIOJAS

No. 80-1437 Summary Calendar.

642 F.2d 85 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Farias RIOJAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A.

February 9, 1981.

Attorney(s) appearing for the Case

Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., C. Larry Mathews, Jr., 1st Asst. Federal Public Defender, El Paso, Tex., for defendant-appellant.

LeRoy M. Jahn, Asst. U. S. Atty., San Antonio, Tex., Drew S. Days, III, Asst. Atty. Gen., Jessica Dunsay Silver, Vincent F. O'Rourke, Jr., Dept. of Justice, Appellate Section, Civ. Rights Div., Washington, D. C., for plaintiff-appellee.

Before CHARLES CLARK, REAVLEY and WILLIAMS, Circuit Judges.

PER CURIAM:

Appellant Riojas pleaded guilty to violating 18 U.S.C. § 241 by conspiring with two correctional officers of the Bexar County jail in San Antonio, Texas, and others to deprive a prisoner in the jail of his constitutional right to be free from harm while in official custody. The conspiracy resulted in the murder of the prisoner.

It was charged that appellant paid the officers to move the prisoner into a cell

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