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U.S. v. NEWBY

Nos. 92-5711, 92-5712.

11 F.3d 1143 (1993)

UNITED STATES of America v. Gene Francis NEWBY and Raynaldo Barber. Gene Francis Newby (Appellant in No. 92-5711). Raynaldo Barber (Appellant in No. 92-5712).

United States Court of Appeals, Third Circuit.

Decided November 30, 1993.

Sur Petition for Rehearing December 29, 1993.

Attorney(s) appearing for the Case

John F. McMahon (argued), Federal Public Defender, Newark, NJ, for appellant Gene Francis Newby.

Timothy P. Reilly (argued), Audubon, NJ, for appellant Raynaldo Barber.

Michael Chertoff, U.S. Atty., Edna B. Axelrod (argued), R. David Walk, Jr., Asst. U.S. Attys., Newark, NJ, for appellee.

Before: HUTCHINSON, COWEN and NYGAARD, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

Gene Francis Newby and Raynaldo Barber appealed from the sentences imposed by the district court as well as the underlying judgments convicting them of knowingly and willfully impeding and interfering with a federal prison guard in violation of 18 U.S.C. § 111(a)(1). Barber was also convicted of assaulting a federal prison guard in violation of section 111(a)(1). We conclude that the district court did not...

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