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U.S. v. DEBERRY

No. 04-1532.

430 F.3d 1294 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Frederick D. DEBERRY; Rodgerick L. Lackey; Paul S. Talifero, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 13, 2005.

Attorney(s) appearing for the Case

James C. Murphy, Assistant United States Attorney (William J. Leone, United States Attorney, and Joshua G. Stein, Assistant United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellant.

David C. Japha, The Law Offices of David C. Japha, P.C., Denver, CO (James A. Castle, Denver, CO, Randy S. Reisch, Reisch Law Firm, LLC, Denver, CO, and Michael J. Norton, Burns, Figa & Will, P.C., Englewood, CO, with him on the brief) for Defendants-Appellees.

Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

HARTZ, Circuit Judge.

Frederick DeBerry, Rodgerick Lackey, and Paul Talifero (Defendants), inmates at the United States Penitentiary in Florence, Colorado (USPF), were indicted in the United States District Court for the District of Colorado for an alleged assault on Wayne Wheelock, a fellow inmate. Mr. Wheelock is Native American and Defendants are African American. Defendants contend that they were treated less favorably...

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