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U.S. v. OWENS-EL

No. 88-5469.

889 F.2d 913 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. James OWENS-EL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 17, 1989.

Attorney(s) appearing for the Case

Stanley Goldman, Los Angeles, Cal., for defendant-appellant.

William F. Fahey, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING, FARRIS and CANBY, Circuit Judges.

PER CURIAM:

A jury convicted James Joseph Owens of assault to commit murder against a prison guard at the Federal Correctional Institution at Lompoc, California. Owens allegedly hit prison guard John Foster repeatedly on the head, face, neck and arms with a heavy pipe. Foster suffered permanent disability, including neurological damage affecting his memory.

Foster testified at trial he could not remember the details of the attack other than that he was struck...

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