Nos. 72-1773, 72-1774.

485 F.2d 1179 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. John William MARX and William Frederick Shriver, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 3, 1973.

Rehearing Denied November 12, 1973.

Attorney(s) appearing for the Case

James M. Gansinger, Denver, Colo., for defendant-appellant Marx.

David W. Duncan, Durango, Colo., for defendant-appellant Shriver.

Nathan G. Graham, U. S. Atty. (Robert P. Santee, Asst. U. S. Atty., on the brief), Tulsa, Okl., for plaintiff-appellee.

Before PHILLIPS, HILL and SETH, Circuit Judges.

Rehearing Denied in No. 72-1773 November 12, 1973.

HILL, Circuit Judge.

Appellants were charged in a three count indictment with robbing a Tulsa, Oklahoma, bank in violation of 18 U.S.C. § 2113(a), (d) and (e).1

Appellants were found guilty by a jury on each of the three counts. For purposes of sentencing both defendants, the trial court merged Counts I and II. On those merged counts Marx was given a sentence of 25...

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