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U.S. v. BASSIL

Nos. 90-5678 to 90-5682 and 90-5687.

932 F.2d 342 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Richard BASSIL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Derrick BROWN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Marcus JAY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Donnell HUNTER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William SMITH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Irvin BOND, a/k/a Erving Bond, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1991.

Attorney(s) appearing for the Case

Thomas C. Carter, argued, Alexandria, Va., for appellant Hunter.

David B. Smith, argued, English & Smith, Alexandria, Va., for appellant Bond.

Frank G. Aschmann, argued, Aschmann & Ashmann, Alexandria, Va., for appellant Jay.

Drewry B. Hutcheson, Jr., argued, Alexandria, Va., for appellant Smith.

C. Dean Latsios, argued, Fairfax, Va., for appellant Brown.

Stephen J. Crum, argued, Arlington, Va., for appellant Bassil.

Debra Sue Straus, Asst. U.S. Atty., Henry E. Hudson, U.S. Atty., Alexandria, Va., on brief for appellee.

Before SPROUSE and WILKINSON, Circuit Judges, and MULLEN, U.S. District Judge for the Western District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

Appellants, six inmates at the Lorton Reformatory, were convicted and sentenced for various offenses committed during a prison riot. All of the appellants contest their convictions. We affirm these convictions. Two of the appellants, Derrick Brown and William Smith, also challenge their sentences. We affirm Brown's sentence but remand Smith's case for resentencing for the reasons expressed herein.

I.

On March 28, 1989 around...

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