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U.S. v. ROBERSON

No. 88-1624.

872 F.2d 597 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Wayne ROBERSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 24, 1989.

Attorney(s) appearing for the Case

Ralph H. Brock, Lubbock, Tex., (court-appointed), for defendant-appellant.

Delonia A. Watson, Asst. U.S. Atty., Dallas, Tex., Rogers McRoberts, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Lubbock, Tex., for plaintiff-appellee.

Before GEE, SMITH and DUHE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

I. Factual Background.

In November 1987, Eddie Wayne Roberson, who was on parole after recently being released from prison, was searching for work. Roberson met Jack Doherty, an eighty-four-year-old man who was in poor health, had poor vision, and required someone to assist him with his daily needs. Apparently, Doherty also drank heavily at times. Roberson moved in with Doherty, assisting him with household duties, taking...

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