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Submitted: November 20, 2009

Before MELLOY, BEAM and GRUENDER, Circuit Judges.

In November 2005, Irvin Rill and Robert Harper, Jr., were cellmates at the St. Clair County Jail in Osceola, Missouri. Rill was being held on several state felony charges, and Harper was being held pending sentencing for federal firearms convictions. At some point in November, Rill and Harper made plans to escape from the jail. They used hacksaw blades, which had been smuggled into the jail, to cut the metal bars off the window of their cell. On November 25, they used pieces of cloth soaked in oil to burn a three-inch hole through the plexiglass that covered the window.

 
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