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MARES v. UNITED STATES

No. 9933.

409 F.2d 1083 (1968)

Arthur MARES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 12, 1968.

Certiorari Denied April 7, 1969.

Attorney(s) appearing for the Case

Eugene Deikman, Denver, Colo., for appellant.

Richard T. Spriggs, Asst. U. S. Atty., Denver, Colo. (Lawrence M. Henry, U. S. Atty., Denver, Colo., with him on brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

Certiorari Denied April 7, 1969. See 89 S.Ct. 1314.

HICKEY, Circuit Judge.

This is an appeal from a second jury trial granted appellant, see Mares v. United States, 383 F.2d 805 (10th Cir. 1967). Upon retrial the appellant, Arthur Mares, was found guilty of violating 18 U.S.C. § 2113(a) and (d).

The evidence was entirely circumstantial and is summarized in the first trial court's opinion denying motions for new...

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