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UNITED STATES v. SILVERSTEIN

Nos. 80-1378, 82-1194.

737 F.2d 864 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Edward SILVERSTEIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 21, 1984.

Attorney(s) appearing for the Case

David J. Phillips, Asst. Federal Public Defender, Kansas City, Kan. (Charles D. Anderson, Asst. Federal Public Defender, Kansas City, Kan., with him on the brief), for defendant-appellant.

Thomas D. Haney, Asst. U.S. Atty., Topeka, Kan. (Jim J. Marquez, U.S. Atty., Topeka, Kan., with him on the brief), for plaintiff-appellee.

Before BARRETT, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Thomas Edward Silverstein appeals his conviction for the stabbing death of Danny Atwell, a fellow inmate in the United States Penitentiary at Leavenworth, Kansas, in violation of 18 U.S.C. §§ 1111, 2, and 7. Two other inmates, Edgar Wesley Hevle, Jr., and Charles Russell McEvoy, were also indicated for the murder, but Silverstein was tried first after the district court granted his motion for severance.

Because we reverse and...

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