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UNITED STATES v. SAMBRANO

No. 74-1926.

505 F.2d 284 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Abel Montoya SAMBRANO and Johnnie Rodriguez Padilla, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

November 12, 1974.

Attorney(s) appearing for the Case

Stephen H. Scott (argued), of Burton, Remender, Scott & Novak, Phoenix, Ariz., for defendant-appellant Padilla.

Edward C. Rapp (argued), of Tupper, Rapp, Salcito & Schlosser, Phoenix, Ariz., for defendant-appellant Sambrano.

Joseph Keilp, Asst. U. S. Atty. (argued), Phoenix, Ariz., for plaintiff-appellee.

Before MERRILL, BROWNING and INGRAHAM, Circuit Judges.

OPINION

INGRAHAM, Circuit Judge:

Appellants Abel Montoya Sambrano and Johnnie Rodriguez Padilla were convicted for the armed robbery of a federal credit union in violation of 18 U.S.C. §§ 2113(a) and (d). On appeal Sambrano argues that the trial court improperly refused to give a requested jury instruction regarding his identification as one of the perpretrators of the alleged crime, and that, since only Padilla had been identified prior to trial...

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