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Criminal Law Keyed to Osler
United States v. Vallery
Citation:
437 F. 3d 262 (7th Cir. 2006)Facts
Defendant was an inmate at a Federal Corrections Institute. Correctional Officer Ron Garver was asked to escort the defendant to the lieutenant’s office. The closer they got to the office, the more nervous and evasive the defendant got. Therefore, Garver directed the defendant into a bathroom and strip searched him for contraband. During the search, the defendant pushed Garver out of the way and ran into an empty toilet stall to flush something down. When Garver entered the stall he saw the defendant throw something in the toilet. Garver did get the defendant into a hold, but the defendant broke out and successfully flush what he later admitted was a shive down the toilet.
Defendant was indicted for the knowing and forcible assault, resist, impede, and interfere with a federal correctional officer engaged in his official duties. Defendant was found guilty by a jury for resisting, impeding, and interfering with a federal correctional officer.
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