No. 10-2761.

642 F.3d 573 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Scott GUSTIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 7, 2011.

Attorney(s) appearing for the Case

Joseph H. Hartzler (argued), Attorney, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee.

Rick Richmond , Attorney, Damon Thayer (argued), Attorney, Jenner & Block LLP, Los Angeles, CA, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and WOOD and WILLIAMS, Circuit Judges.


A jury concluded that, while confined at a federal prison, Scott Gustin and a confederate stabbed and wounded another inmate. Gustin was convicted of attempted murder, 18 U.S.C. § 113(a)(1), and sentenced to life imprisonment. His defense at trial was that he did not attack the victim, who deliberately misidentified him as the aggressor in order to settle a score among gangs and protect the true perpetrator. The attack occurred in a...

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