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UNITED STATES v. MILLER

Nos. 75-1392, 75-1393.

532 F.2d 1335 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Carroll James MILLER and Jerry Wayne Smith, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided April 1, 1976.

Attorney(s) appearing for the Case

Stephen K. Lester, Asst. U. S. Atty., Wichita, Kan. (E. Edward Johnson, U. S. Atty., Topeka, Kan., on the brief), for plaintiff-appellee.

Leonard D. Munker, Federal Public Defender, Wichita, Kan. (Daniel J. High, Asst. Federal Public Defender, Wichita, Kan., on the brief), for defendants-appellants.

Before SETH, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The defendants were convicted on February 10, 1975 of charges contained in a two-count indictment, alleging in Count I robbery of a national bank in Wichita, Kansas, contrary to 18 U.S.C. Section 2113(a), and in Count II the interstate transportation of stolen money and securities in excess of $5,000, in violation of 18 U.S.C. Section 2314.

The appellants' primary point advanced in connection with this appeal is that their...

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