Using a smuggled-in .38 caliber pistol, Gorham and Jones took control of their cell block in a

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Using a smuggled-in .38 caliber pistol, Gorham and Jones took control of their cell block in a District of Columbia (Washington, D.C.) jail. They and other prisoners released by them ultimately took several hostages and demanded to be freed. One hostage was Kenneth Hardy, the Director of Corrections for the District of Columbia. The hostages were threatened with violence and used as human shields. Ultimately the authorities reestablished control of the cell block. Gorham and Jones were then transferred to the maximum security part of the prison from which, with the use of smuggled-in hacksaw blades, they later escaped. After their recapture, they appealed their subsequent criminal convictions (on 22 counts) of charges relating to their efforts. They said that the transfer to maximum security was in violation of the agreement they had extracted from Hardy while he was a hostage. They said he promised they would not be punished for their first attempt at jailbreak. Should the court recognize the agreement as binding and overturn the convictions? (United States v. Gorham and Wilkerson (a/k/a Jones), 532 F. 2d 1088)

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