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UNITED STATES v. CHEERS

No. 30196 Summary Calendar.

439 F.2d 1097 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Mark CHEERS, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied March 19, 1971.

Attorney(s) appearing for the Case

Lester F. Sumners, (Court-appointed) New Albany, Miss., for defendant-appellant.

H. M. Ray, U. S. Atty., Norman L. Gillespie, Asst. U. S. Atty., Oxford, Miss., for plaintiff-appellee.

Before GEWIN, GOLDBERG, and DYER, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied March 19, 1971.

PER CURIAM:

Appellant, Mark Cheers Jr., was indicted in 1969 on two counts: Count 1, conspiracy to rob a bank insured by the Federal Deposit Insurance Corporation in violation of 18 U.S.C.A. § 371; and Count 3, receiving stolen money from the bank in violation of 18 U.S.C.A. §§ 2, 2113(c).1

The jury was...

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