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UNITED STATES v. DIXON

No. 77-1397.

596 F.2d 178 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest DIXON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 12, 1979.

Attorney(s) appearing for the Case

Gretchen T. Vetzner, Madison, Wis., for defendant-appellant.

Stephen L. Morgan, Asst. U. S. Atty., Madison, Wis., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, and SWYGERT and BAUER, Circuit Judges.

FAIRCHILD, Chief Judge.

On October 28, 1976, Defendant Dixon, an inmate at the Federal Correctional Institution in Oxford, Wisconsin, was apprehended with a sharpened table knife1 in his possession as he walked across the prison yard. On December 13, 1976 he was indicted under 18 U.S.C. § 1792.2

Subsequently, defendant moved to dismiss his indictment for failure to allege the essential element...

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