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U.S. v. EBERT

No. 02-1235.

294 F.3d 896 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Eric EBERT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

DECIDED June 26, 2002.

Attorney(s) appearing for the Case

Stephen Ehlke Peter M. Jarosz (argued), Office of U.S. Atty., Madison, WI, for Plaintiff-Appellee.

Brianne F. Pagel, Jr. (argued), Madison, WI, for Defendant-Appellant.

Before FLAUM, Chief Judge, BAUER, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

On July 18, 2001, Eric Ebert was indicted for misdemeanor assault and interference with a federal officer, in violation of 18 U.S.C. § 111(a)(1). That charge arose from an incident that occurred on March 20, 2001, at the Federal Correctional Institute at Oxford, Wisconsin, while Ebert was an inmate there. Ebert apparently drank 1½ — 2 gallons of homemade wine on that day and fought with other inmates. Inmates who...

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