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UNITED STATES v. FOUTZ

No. 75-2152.

540 F.2d 733 (1976)

UNITED STATES of America, Appellee, v. Pembrick Edward FOUTZ, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1976.

Attorney(s) appearing for the Case

Peter D. Ward [court-appointed counsel], Asst. Federal Public Defender, Baltimore, Md. (Charles G. Bernstein, Federal Public Defender, Baltimore, Md., on brief), for appellant.

Steven Kellough, law student (Jervis S. Finney, U. S. Atty., and Robert A. Rohrbaugh, Asst. U. S. Atty., Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

Pembrick Edward Foutz, Jr. was convicted by a jury of twice robbing the Kensington, Maryland, branch of the Bank of Bethesda, in violation of 18 U.S.C. §§ 2 and 2113(a), (b), (d), and (f). Although the two robberies took place two and one-half months apart, Foutz was tried for both offenses in one proceeding; his motion for relief from prejudicial joinder under Fed.R.Crim.P. 14 was denied by the district court. On appeal, Foutz argues...

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