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UNITED STATES v. ROBINSON

No. 1184, Docket 76-1153. En Banc.

560 F.2d 507 (1977)

UNITED STATES of America, Appellee, v. Cecil ROBINSON, Appellant.

United States Court of Appeals, Second Circuit.

Decided July 28, 1977.

Attorney(s) appearing for the Case

Jesse Berman, New York City, for appellant.

Robert J. Jossen, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S.D.N.Y., Audrey Strauss, Frederick T. Davis, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before KAUFMAN, Chief Judge, and FEINBERG, MANSFIELD, MULLIGAN, OAKES, TIMBERS, GURFEIN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

MANSFIELD, Circuit Judge:

Following a decision by a panel of this court reversing appellant's conviction of bank robbery, see 544 F.2d 611, we granted rehearing of this appeal en banc in order to consider the recurring questions of when evidence of a defendant's possession of a weapon at the time of arrest may properly be admitted under Rule 403 of the Federal Rules of Evidence ("FRE")1 and what...

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