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MATTHEWS v. UNITED STATES

Nos. 21798, 21799.

449 F.2d 985 (1971)

Ronnie E. MATTHEWS, Appellant, v. UNITED STATES of America, Appellee. Luther P. MITCHELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Remanded June 23, 1969.

Decided March 4, 1971.

Rehearing Denied June 11, 1971.

Attorney(s) appearing for the Case

Mr. Arthur B. Goodkind, Washington, D. C. (appointed by this court) for appellants.

Mr. David T. Austern, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, Frank Q. Nebeker, Asst. U. S. Atty., at the time the brief was filed, and Harold H. Titus, Jr., Asst. U. S. Atty., were on the brief, for appellee. Mr. Charles H. Roistacher, Asst. U. S. Atty., also entered an appearance for appellee.

Before FAHY, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

Rehearing Denied in No. 21799 June 11, 1971.

FAHY, Senior Circuit Judge:

Appellants were jointly tried on an indictment for robbery, assault with a dangerous weapon, unauthorized use of a vehicle, and kidnapping.1 The cases arose out of a robbery of a restaurant on Georgia Avenue in the District of Columbia. Upon verdicts of guilty on all counts, appellant Matthews was sentenced to imprisonment for five to fifteen years for the...

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