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PETERS v. UNITED STATES

Nos. 15546, 15998.

307 F.2d 193 (1962)

Thomas E. PETERS, Appellant, v. UNITED STATES of America, Appellee. Kenneth F. MILLS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 12, 1962.

Petition for Rehearing Denied September 20, 1962.

Attorney(s) appearing for the Case

Mr. Henry F. Eaton, Washington, D. C. (appointed by this court), for appellant in No. 15546. Mr. DeWitt T. Yates, Washington, D. C. (also appointed by this court) was on the brief for appellant in No. 15546.

Mr. Peter R. Cella, Jr., Washington, D. C., with whom Mr. Lyman S. Hulbert, Washington, D. C. (both appointed by this court), was on the brief, for appellant in No. 15998.

Mr. Daniel J. McTague, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., at the time brief was filed, and Mr. Carl W. Belcher, Asst. U. S. Atty., at the time brief was filed, were on the brief, for appellee. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellee in No. 15998.

Before EDGERTON, PRETTYMAN and FAHY, Circuit Judges.

Petition for Rehearing En Banc in No. 15998 Denied En Banc September 20, 1962.

PER CURIAM.

We have reviewed the cases in light of appellants' contentions with respect to the validity of their convictions of robbery, defined in 22 D.C.Code § 2901 (1961), but find no error which justifies setting aside the convictions.

However, we conclude that the procedure followed by the trial judge in imposing sentences was erroneous. Appellant Peters was twenty...

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