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UNITED STATES v. FALEAFINE

No. 73-1850.

492 F.2d 18 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Eneliko Fatu FALEAFINE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 25, 1974.

Attorney(s) appearing for the Case

Eneliko Fatu Faleafine, in pro per.

James L. Browning, U. S. Atty., F. Steele Langford, Dennis Michael Nerney, Asst. U. S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge:

Faleafine appeals from a judgment of conviction under a two-count indictment.

The indictment reads in pertinent part :

"COUNT ONE: (18 U.S.C. § 2113(a), (d)) 1. On or about October 13, 1972, . . . defendants herein, did by force and intimidation take from the person and presence of manager Leonel Vargas, at the Union City Branch of the Bank of America, NT & SA . . . money in the sum of ...

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