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UNITED STATES v. PATTERSON

Nos. 85-2482, 86-2221 Summary Calendar.

809 F.2d 244 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Kendell R. PATTERSON and William L. Brasher, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 23, 1987.

Attorney(s) appearing for the Case

Michael Ramsey, George H. Tyson, Jr., Houston, Tex., for defendants-appellants.

Henry K. Oncken, U.S. Atty., James R. Gough, Stephen S. Morris, Thomas Scott Woodward, Asst. U.S. Attys., Houston, Tex., Frank D. Allen, Jr., Appellate Section, Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before GEE, REAVLEY and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The defendants, Kendell Patterson and William Brasher, police officers of Houston, Texas, were convicted of violating 18 U.S.C. §§ 3, 241, and 242 after Patterson shot an uncooperative motorist whom they contended had attempted to run down Brasher. Having been previously prosecuted in state court, they appeal these convictions on grounds that they were tried in violation of the Double Jeopardy Clause, and in violation of the...

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