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UNITED STATES v. SCOTT

No. 71-2179.

452 F.2d 660 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Dwaine C. SCOTT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 24, 1972.

Attorney(s) appearing for the Case

Robert Wertsching (argued), Phoenix, Ariz., for appellant.

Fred C. Mather, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Phoenix, Ariz., for appellee.

Before MERRILL, KILKENNY and TRASK, Circuit Judges.

PER CURIAM:

Dwaine C. Scott was indicted on one count of entering a Federal Savings and Loan Association at Phoenix, Arizona on May 25, 1970, with the intent to commit a felony therein, in violation of 18 U.S. C. § 2113(a), and one count of taking and carrying away with intent to steal, certain money and property of a Federal Savings and Loan Association in violation of 18 U.S.C. § 2113(b). Later a grand jury returned a two count superceding indictment charging...

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