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UNITED STATES v. BUIE

No. 75-1379.

538 F.2d 545 (1976)

UNITED STATES of America, Appellee, v. James Louis BUIE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 9, 1976.

Attorney(s) appearing for the Case

James R. Van Camp, Southern Pines, N. C. [court-appointed counsel], (Seawell, Pollack, Fullenwider, Van Camp & Robbins, Southern Pines, N. C., on brief), for appellant.

V. Edward Jennings, Jr., Asst. U. S. Atty., Greensboro, N. C. (N. Carlton Tilley, Jr., U. S. Atty., Greensboro, N. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

Convicted by a jury of robbery from a bank in violation of 18 U.S.C. § 2113(b), James Louis Buie appeals. He attacks the validity of his conviction on numerous grounds, including, inter alia, that the district court committed reversible error in declining to give his counsel the opportunity to object to the charge out of the hearing and presence of the jury as provided in Rule 30, F.R.Cr.P. We agree that reversal and a new trial...

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