UNITED STATES v. OWENS

No. 82-1804.

723 F.2d 64 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph James OWENS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 12, 1983.


Attorney(s) appearing for the Case

Ira R. Kirkendoll, Asst. Federal Public Defender, Kansas City, Kan. (Charles D. Anderson, Federal Public Defender, Kansas City, Kan., with him on brief), for defendant-appellant.

Benjamin Burgess, Asst. U.S. Atty., Topeka, Kan. (Jim J. Marquez, U.S. Atty., and Kurt J. Shernuk, Asst. U.S. Atty., Topeka, Kan., on brief), for plaintiff-appellee.

Before SETH, Chief Judge, McKAY, Circuit Judge, and MECHEM, District Judge.


McKAY, Circuit Judge.

Appellant, a prisoner, was convicted by a jury of conveying a dangerous weapon within the Leavenworth federal prison, in violation of Title 18 U.S.C. § 1792 (1976).

During trial, appellant sought to introduce testimony by other inmates who witnessed the altercation which resulted in the discovery of appellant's weapon and gave rise to this case. Prior to their testimony the Government requested by motion that they be permitted to...

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