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U.S. v. FOX

No. 87-1469.

845 F.2d 152 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis Red FOX, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 1988.

Rehearing and Rehearing Denied June 23, 1988.

Attorney(s) appearing for the Case

Michael F. Lefkow, Chicago, Ill., for defendant-appellant.

Daniel P. Bach, Asst. U.S. Atty., John R. Byrnes, U.S. Atty., Madison, Wis., for plaintiff-appellee.

Before FLAUM and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied June 23, 1988.

ESCHBACH, Senior Circuit Judge.

On November 8, 1986 Curtis Red Fox, an inmate at the federal correctional facility at Oxford, Wisconsin, was discovered to be in possession of a two and one-half inch "U"-shaped metal nail. The object was sharpened on both ends and tape was wrapped around its center. Fox was convicted of "possessing" an "object that may be used as a weapon" while an inmate at a federal correctional...

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