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UNITED STATES v. SAMANIEGO

No. 26175.

437 F.2d 1244 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin E. SAMANIEGO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 4, 1971.

Attorney(s) appearing for the Case

Marvin Zinman, Atty., Los Angeles, Cal., for defendant-appellant.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Thomas E. Kotoske, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, HUFSTEDLER and TRASK, Circuit Judges.

BARNES, Circuit Judge:

Defendant-appellant, Benjamin E. Samaniego, was charged with aiding and abetting Edwin Leo Busch, who was charged with the robbery of a National Bank while using a hand gun (18 U.S.C. § 2113(a) (d)). Codefendant Busch entered a plea of guilty to the lesser included offense (18 U.S.C. § 2113(a)). Appellant waived a jury, and was tried and found guilty of aiding and abetting Busch in commission of the lesser included offense (18 U.S...

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