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U.S. v. BIGHAM

No. 86-2174.

812 F.2d 943 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Morris Ray BIGHAM and Leonel Leal, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 6, 1987.

Attorney(s) appearing for the Case

George H. Tyson, Jr., Michael Ramsey, Houston, Tex., for Bigham.

Harry H. Walsh, III, Huntsville, Tex., for Leal.

Dennis J. Dimsey, Atty., Appellate Section, Civil Rights Div., Bethesda, Md., Henry K. Oncken, U.S. Atty., James R. Gough, Asst. U.S. Atty., Houston, Tex., Wm. Bradford Reynolds, Jessica Dunsay Silver, Attys., U.S. Dept. of Justice, Washington, D.C., for the U.S.

Before REAVLEY and RANDALL, Circuit Judges, and MAHON, District Judge.

Rehearing and Rehearing En Banc Denied April 6, 1987.

REAVLEY, Circuit Judge:

Appellants Bigham and Leal, former Texas Department of Corrections officers, appeal their convictions under 18 U.S.C. §§ 241, 242 for violating the civil rights of two inmates. Their appeal raises questions of the admissibility of a prior out-of-court statement, the sufficiency of the evidence, and the adequacy of the trial court's instructions on when the use of force...

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