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UNITED STATES v. KRESS

No. 26364.

446 F.2d 358 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James KRESS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert J. TROY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 15, 1971.

Attorney(s) appearing for the Case

Richard D. Totter (argued), San Francisco, Cal., for defendant-appellant Kress.

Frank E. Sieglitz (argued), San Francisco, Cal., for defendant-appellant Troy.

Paul Fitzpatrick, Asst. U. S. Atty. (argued), Jerry K. Cimmet, Asst. U. S. Atty., F. Steele Langford, Chief, Crim. Div., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before HAMLIN and DUNIWAY, Circuit Judges, and CURTIS, District Judge.

CURTIS, District Judge:

Appellants Kress and Troy, together with their accomplices, Dougherty and Sheffield, were indicted for armed robbery in violation of Title 18 U.S.C. § 2113(a) (d). Dougherty and Sheffield pleaded guilty, while the appellants were found guilty by a jury and sentenced to 20 years each. It is from this conviction that they now appeal.

The appellants first contend that they were denied a speedy trial and that their motion to dismiss...

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