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UNITED STATES v. McMILLIAN

Nos. 75-1900 and 75-1905.

535 F.2d 1035 (1976)

UNITED STATES of America, Appellee, v. Melvin McMILLIAN, Appellant. UNITED STATES of America, Appellee, v. Donald Jay CUBEAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 13, 1976.

Rehearing and Rehearing Denied on June 7 and June 16, 1976.

Attorney(s) appearing for the Case

Michael H. Irvine, Cedar Rapids, Iowa, for appellants.

Alan H. Kirshen, Asst. U. S. Atty., Evan L. Hultman, U. S. Atty., Sioux City, Iowa, for appellee.

Before LAY, ROSS and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied on June 7 and June 16, 1976.

LAY, Circuit Judge.

Donald Jay Cubean and Melvin McMillian appeal from their convictions for robbery of the Rath Employees Credit Union in Waterloo, Iowa. The jury found both defendants guilty of three counts of violating the Federal Bank Robbery Act, 18 U.S.C. § 2113(a), (b) and (d); one count of using a firearm in the commission of a felony...

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