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U.S. v. LANHAM

Nos. 08-6504, 09-5095, 08-6506, 09-5094.

617 F.3d 873 (2010)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant (09-5094/5095), v. Wesley LANHAM (08-6504; 09-5094); Shawn Freeman (08-6506; 09-5095), Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 24, 2010.

Rehearing and Rehearing En Banc Denied: September 29, 2010.

Attorney(s) appearing for the Case

ARGUED: Martin S. Pinales , Strauss & Troy, Cincinnati, Ohio, Randy J. Blankenship , Blankenship Massey & Steelman, PLLC, Erlanger, Kentucky, for Appellants.

Conor B. Dugan , United States Department of Justice, Washington, D.C., for Appellee.

ON BRIEF: Martin S. Pinales , Candace C. Crouse , Strauss & Troy, Cincinnati, Ohio, Randy J. Blankenship , C. Ed Massey , Blankenship Massey & Steelman, PLLC, Erlanger, Kentucky, for Appellants.

Conor B. Dugan , Mark L. Gross , United States Department of Justice, Washington, D.C., for Appellee.

Before KEITH, BOGGS, and GRIFFIN, Circuit Judges.

OPINION

DAMON J. KEITH, Circuit Judge.

Defendants Wesley Lanham ("Lanham") and Shawn Freeman ("Freeman") were convicted of violating an inmate's civil rights in violation of 18 U.S.C. §§ 241 and 242, and making a false entry in violation of 18 U.S.C. § 1519. Defendants were prison jailers when prison inmate, J.S., was raped in jail. Defendants and their supervisor, Shawn Sydnor ("Sydnor"), decided to "scare" J.S. after he was arrested for...

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