Nos. 72-1465, 72-1466.

485 F.2d 1078 (1973)

UNITED STATES of America v. Clifford L. ESTES, Appellant. UNITED STATES of America v. Henry B. JOHNSON, Appellant.

United States Court of Appeals, District of Coumbia Circuit.

Decided June 29, 1973.

Rehearing Denied September 11, 1973.

Attorney(s) appearing for the Case

Alan Y. Naftalin, Washington, D.C., with whom Bruce P. Moore, Washington, D.C. (both appointed by this Court) was on the brief, for appellant in No. 72-1466, and argued for appellant in No. 72-1465.

Robert J. Corber, Washington, D.C. (appointed by this Court), with whom Michael J. Malley, Washington, D.C., was on the brief, for appellant in No. 72-1465.

John J. Mulrooney, Asst. U.S. Atty., with whom Harold H. Titus, Jr., U.S. Atty. and John A. Terry, Asst. U.S. Atty., were on the brief, for appellee.

Before LEVENTHAL and Mac-KINNON, Circuit Judges, and WYZANSKI, Senior United States District Judge for the District of Massachusetts.

WYZANSKI, Senior District Judge:

Defendants Estes and Johnson were indicted for armed robbery and other offenses. After trial, the District Judge imposed substantial prison sentences. On a first appeal reported in United States v. Johnson, 147 U.S.App.D.C. 31, 452 F.2d 1363 (1971), this court, after setting forth in a characteristically full opinion by Chief Judge Bazelon the matter in detail which it would be bootless to repeat,...

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