UNITED STATES v. BEY

No. 80-7608.

667 F.2d 7 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence BEY and Willie Cruso Free, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

February 1, 1982.


Attorney(s) appearing for the Case

Jerry Rylee (Court-Appointed), Michael A. Kessler, Atlanta, Ga., for Bey.

William R. Gignilliat, Atlanta, Ga. (Court-Appointed), for Free.

Steven R. Wisebram, Julie E. Carnes, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before HILL, Circuit Judge, SMITH, Judge, and HENDERSON, Circuit Judge.


SMITH, Judge:

Lawrence Bey and Willie Cruso Free were each convicted of one count of mutiny and two counts of assault on a federal officer, in violation of 18 U.S.C. § 1792 (1976) and 18 U.S.C. § 111 (1976), respectively, arising out of an altercation between the defendants and corrections officers during their confinement in the United States Penitentiary at Atlanta, Georgia. Defendants claim that their conduct did not, as a matter of law, constitute mutiny...

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