United States v. John William Larry

GREEN, Senior District Judge.

Appellant was convicted by a jury upon a two-count indictment charging assault with intent to commit sodomy, 18 U.S.C. §§ 113(b) and 7, and commission of the substantive offense of sodomy, 18 U.S.C. §§ 13 and 7. The incident giving rise to those charges occurred at the Federal Correctional Institution at Milan, Michigan where appellant and the alleged • victim, Gary Higginbotham, were both inmates. Appellant’s conviction of the charges was at his second trial upon the indictment, the first trial having terminated upon the declaration of a mistrial after the jury…