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UNITED STATES v. HOLT

No. 73-1809. Summary Calendar.

483 F.2d 76 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. William Marvin HOLT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 6, 1973.

Attorney(s) appearing for the Case

Ralph E. Coleman, Birmingham, Ala., for defendant-appellant.

Wayman Sherrer, U. S. Atty., Albert C. Bowen, Jr., Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, DYER and SIMPSON, Circuit Judges.

PER CURIAM:

The question here is whether the trial court abused its rather broad discretion in denying Appellant's motion for severance. Appellant contends that, though initial joinder may have been proper and in accord with F.R.Crim.P. 8(b),1 the Government's use of certain out-of-court admissions of his co-defendant, who did not take the stand and which tended to inculpate Appellant, amounted to violation of his Sixth Amendment right...

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