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UNITED STATES v. KERLEY

No. 80-5371.

643 F.2d 299 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence W. KERLEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

April 22, 1981.

Attorney(s) appearing for the Case

William R. Northcutt, Indian Harbour Beach, Fla., for defendant-appellant.

Stephen P. Clark, Walter Barnett, Linda K. Davis, Attys., Drew S. Days, III, Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GODBOLD, Chief Judge, and FRANK M. JOHNSON, Jr., and ANDERSON, Circuit Judges.

FRANK M. JOHNSON, Jr., Circuit Judge:

Appellant Lawrence Kerley, an officer of the Brevard County, Florida, Sheriff's Office, appeals from his conviction by a jury for violation of 18 U.S.C.A. § 242,1 which makes criminal the willful deprivation of constitutional rights by any person acting under color of law.

The charge against Kerley was based upon an incident in which Daniel de...

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