U.S. v. RISING

No. 87-2567.

867 F.2d 1255 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Michael RISING, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 8, 1989.


Attorney(s) appearing for the Case

Allan A. Hazlett, Topeka, Kan., for defendant-appellant.

Richard L. Hathaway, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty., with him on the brief), Topeka, Kan., for plaintiff-appellee.

Before McKAY, TACHA, and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

This case arises out of a homicide which occurred in the United States Penitentiary at Leavenworth, Kansas on February 23, 1987. In Count 1 of a superseding indictment, Walter Michael Rising, an inmate in that institution, was charged with the murder of a fellow inmate, Paul Leon Jordan, with premeditation and malice aforethought, in violation of 18 U.S.C. § 1111. In a second count, Rising was charged with the unlawful possession of...

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