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U.S. v. TOKASH

Nos. 01-2103, 01-2286, 01-2295.

282 F.3d 962 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph L. TOKASH, Mitchell E. Kolb, and John Derel Usher, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2002.

Attorney(s) appearing for the Case

James M. Cutchin (argued), Office of the U.S. Atty., Benton, IL, for United States of America.

Lawrence J. Fleming (argued), Office of the Fed. Pub. Def., East St. Louis, IL, for Joseph L. Tokash.

Lawrence J. Fleming (argued), Office of the Fed. Pub. Def., East St. Louis, IL, John D. Stobbs, II, East Alton, IL, for Mitchell E. Kolb.

Lawrence J. Fleming (argued), Office of the Fed. Pub. Def., East St. Louis, IL, John M. Delaney, Jr., East Alton, IL, for John D. Usher.

Before COFFEY, RIPPLE, and DIANE P. WOOD, Circuit Judges.

COFFEY, Circuit Judge.

A systemwide search of inmates at the United States Penitentiary at Marion, Illinois, prompted by the May 18, 1999, racially motivated murder of an inmate, revealed that inmates Joseph Tokash, Mitchell Kolb, and John Derel Usher had concealed weapons in their rectal cavities. Tokash, Kolb, and Usher were charged with possessing weapons in a federal prison in violation of 18 U.S.C. § 1791(a)(2). The government filed similar pre-trial motions...

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