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UNITED STATES v. ORAND

No. 72-2064.

491 F.2d 1173 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Milton ORAND, aka John Lee Bear, aka Johnny Lee Bear, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 14, 1973.

Certiorari Denied November 5, 1973.

Attorney(s) appearing for the Case

T. Leonard O'Byrne (argued), of McMenamin, Jones, Joseph & Lang, Portland, Ore., for defendant-appellant.

D. Richard Hammersley, Asst. U. S. Atty. (argued), Sidney I. Lezak, U. S. Atty., Portland, Ore., for plaintiff-appellee.

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

WEIGEL, District Judge:

Appellant Donald Orand was indicted on two counts by a grand jury in the United States District Court for the District of Oregon. Count I charged him with the felonious taking of money and travelers checks (totaling $35,400) "by force, violence, and intimidation" from the Bank of St. Helens in Scappoose, Oregon on or about April 15, 1971, in violation of 18 U.S.C. §§ 2113(a), 2. Count II charged him with the knowing and wilful use...

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