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UNITED STATES v. LEYBA

No. 74-1037.

504 F.2d 441 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos LEYBA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided October 24, 1974.

Certiorari Denied February 18, 1975.

Attorney(s) appearing for the Case

Winston Roberts-Hohl, Federal Public Defender, Albuquerque, N. M., for defendant-appellant.

Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellee.

Before HILL and DOYLE, Circuit Judges, and TALBOT SMITH, Senior District Judge.

Certiorari Denied February 18, 1975. See 95 S.Ct. 1139.

TALBOT SMITH, Senior District Judge.

The appellant herein was convicted by a jury of violations of 18 U.S.C. § 2113 (a), (b) and (d), hereinafter summarized, arising out of the robbery at gunpoint of the First National Bank of Santa Fe, New Mexico. His principal defense was alibi, rejected by the jury. He argues on appeal that "it was an abuse of discretion...

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