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UNITED STATES v. SCARPELLINO

No. 19823.

431 F.2d 475 (1970)

UNITED STATES of America, Appellee, v. Michael SCARPELLINO, Appellant.

United States Court of Appeals, Eighth Circuit.

September 10, 1970.

Attorney(s) appearing for the Case

King Tristani, Minneapolis, Minn., for appellant.

J. E. Cudd, Asst. U. S. Atty., Minneapolis, Minn., for appellee; Robert G. Renner, U. S. Atty., on the brief.

Before VOGEL, Senior Circuit Judge, and GIBSON and BRIGHT, Circuit Judges.

GIBSON, Circuit Judge.

Defendant Michael Scarpellino was indicted for taking $9,527 belonging to Midwest Federal Savings & Loan Association (a federally insured institution) on July 6, 1967, in Minneapolis, Minnesota, and for assaulting and placing in jeopardy the lives of three employees of that association by the use of a hand gun in the commission of the robbery in violation of 18 U.S.C. § 2113(a) and (d). Defendant was found guilty

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