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UNITED STATES v. STALLWORTH

Nos. 297, 307, Dockets 76-1275, 76-1276.

543 F.2d 1038 (1976)

UNITED STATES of America, Appellee, v. Clarence STALLWORTH and Johnny Sellers, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Daniel H. Murphy, II, New York City, for defendant-appellant Stallworth.

Michael B. Pollack, New York City, for defendant-appellant Sellers.

Paul F. Corcoran, Asst. U.S. Atty. (David G. Trager, U.S. Atty., Eastern District of New York, Brooklyn, of counsel), for appellee.

Before KAUFMAN, Chief Judge, and MOORE and MANSFIELD, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Although we affirmed appellants' convictions for attempted bank robbery, 18 U.S.C. § 2113(a),1 in open court, we believe that since the question is one likely to present itself to district courts not infrequently it is prudent to discuss briefly the perplexing problem of distinguishing "mere preparation" for the commission of a crime from an "attempt."

Since an understanding of the facts is...

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