UNITED STATES v. PERCEVAL

No. 85-2690.

803 F.2d 601 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Patrick Spenser PERCEVAL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 17, 1986.


Attorney(s) appearing for the Case

Robert E. Mydans (William S. Price, U.S. Atty., with him on brief), Asst. U.S. Atty., Oklahoma City, Okl., for plaintiff-appellee.

Kenneth C. Watson, Oklahoma City, Okl., for defendant-appellant.

Before BARRETT, SETH and ANDERSON, Circuit Judges.


BARRETT, Circuit Judge.

Brian Patrick Spenser Perceval (Perceval), appeals his conviction of possessing a weapon or object that could be used as a weapon while a federal inmate in violation of 18 U.S.C. § 1791(a)(2).

On July 9, 1985, Perceval, who is incarcerated at the Federal Correctional Institution in El Reno, Oklahoma, was working in the machine shop of the prison where he had been assigned the position of welder. The machine shop supervisor stepped...

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