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UNITED STATES v. SHORT

No. 73-2748.

493 F.2d 1170 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Dean SHORT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 18, 1974.

Attorney(s) appearing for the Case

Steven M. Kipperman (argued) Kipperman, Shawn & Keker, San Francisco, Cal., for defendant-appellant.

Brian B. Denton, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH and DUNIWAY, Circuit Judges, and GRAY, District Judge.

OPINION

DUNIWAY, Circuit Judge:

Short was convicted under both counts of an indictment and sentenced to three years on each count. The sentences are concurrent. Count One charged bank robbery, under 18 U.S.C. § 2113(a); Count Two charged that, in committing the offense, Short assaulted or put in jeopardy the life of a teller by the use of a dangerous weapon, a handgun, 18 U.S.C. § 2113(d).

Under our decision in United States v. Faleafine...

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