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CRM 1500-1999

1776. Prison Offenses -- Elements -- 18 U.S.C. 1792 -- "Mutiny Or Riot"

Resisting a federal warden or subordinate officer in the free and lawful exercise of his or her authority constitutes a mutiny. See United States v. Bryson, 423 F.2d 724 (4th Cir. 1970). Evidence of prison inmate's substantial, determined, and violent rebellion against lawful orders of prison officers was sufficient to sustain their convictions for mutiny, even though they and the other inmates involved were locked in their cells. United States v. Bey, 667 F.2d 7, 10 (5th Cir. 1982).

[cited in JM 9-69.300]