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UNITED STATES v. FOUNTAIN

Nos. 84-1939, 84-1940 and 84-1949.

768 F.2d 790 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Clayton FOUNTAIN, Thomas E. Silverstein, and Randy K. Gometz, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 1985.

Attorney(s) appearing for the Case

Frederick J. Hess, U.S. Atty., East St. Louis, Ill., Michael C. Carr, U.S. Atty., Benton, Ill., for plaintiff-appellee.

David R. Freeman, Fed. Pub. Defender, St. Louis, Mo., Howard B. Eisenberg, So. Ill., Univ. School of Law, Carbondale, Ill., Thomas Day, Fed. Pub. Defender Ofc., St. Louis, Mo., for defendants-appellants.

Before WOOD and POSNER, Circuit Judges, and SWYGERT, Senior Circuit Judge.

POSNER, Circuit Judge.

We have consolidated the appeals in two closely related cases of murder of prison guards in the Control Unit of the federal penitentiary at Marion, Illinois — the maximum-security cell block in the nation's maximum-security federal prison — by past masters of prison murder, Clayton Fountain and Thomas Silverstein.

Shortly before these crimes, Fountain and Silverstein, both of whom...

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