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UNITED STATES v. BRUSCINO

Nos. 80-2336, 80-2337.

687 F.2d 938 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Ronnie Joseph BRUSCINO and Charles Eugene Kell, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Reargued May 26, 1982.

Decided August 17, 1982.

Attorney(s) appearing for the Case

Mary M. Runnells, Bloomfield, Ind., Robert F. Hellmann, Terre Haute, Ind., for defendants-appellants.

Virginia Dill McCarty, U. S. Atty., Sarah Evans Barker, Asst. U. S. Atty., Richard L. Darst, Indianapolis, Ind., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, and PELL, BAUER, WOOD, CUDAHY, ESCHBACH, POSNER, and COFFEY, Circuit Judges.

Reargued En Banc May 26, 1982.

POSNER, Circuit Judge.

Bruscino and Kell, inmates at the federal penitentiary at Terre Haute, Indiana, were indicted along with fellow inmates Barron, Howell, and Norman for conspiracy to murder, and for the murder of, another inmate, Martinez. Bruscino and Kell stood trial and were convicted; the other defendants pleaded guilty. A panel of this court reversed Bruscino's and Kell's convictions (over the dissent of Senior Circuit...

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