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UNITED STATES v. MOSS

Nos. 76-1191, 76-1192.

544 F.2d 954 (1976)

UNITED STATES of America, Appellee, v. Donald Lee MOSS, Appellant. UNITED STATES of America, Appellee, v. Frank Michael DOWNEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 12, 1976.

Certiorari Denied January 25, 1977.

Attorney(s) appearing for the Case

Michael B. Stern, St. Louis, Mo., for appellant Donald L. Moss.

Thomas L. Kelly, Ballwin, Mo., for appellant Frank M. Downey.

Richard A. Heidenry, Asst. U.S. Atty., St. Louis, Mo., for U. S.; Barry A. Short, U.S. Atty., St. Louis, Mo., on brief.

Before GIBSON, Chief Judge, MARKEY and STEPHENSON, Circuit Judge.

Certiorari Denied January 25, 1977. See 97 S.Ct. 822.

STEPHENSON, Circuit Judge.

Donald Lee Moss and Frank Michael Downey appeal their convictions by jury of robbery of a federally insured bank in violation of 18 U.S.C. § 2113(a). They were jointly tried and convicted in district court.1 We affirm the conviction of each defendant.

On October 28, 1975, three men entered and...

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