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UNITED STATES v. CUTTING

Nos. 76-1898, 76-2016 to 76-2018.

552 F.2d 761 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. William Gary CUTTING, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 4, 1977.

Rehearing Denied May 3, 1977.

Attorney(s) appearing for the Case

David C. Mebane, U.S. Atty., Grant C. Johnson, Asst. U.S. Atty., Madison, Wis., for plaintiff-appellant.

Dennis P. Coffey, Milwaukee, Wis., for defendant-appellee.

Before FAIRCHILD, Chief Judge, CASTLE, Senior Circuit Judge, and CUMMINGS, Circuit Judge.

CUMMINGS, Circuit Judge.

The defendant, William Gary Cutting, and then co-defendant, Jerome Lawrence Masko,1 were indicted on February 20, 1976, for armed bank robbery of the Poplar Branch of the National Bank of Commerce of Superior, Wisconsin, in violation of 18 U.S.C. § 2113(a). This indictment was superseded on May 27, 1976, by a subsequent indictment returned against the defendants charging each with one count of conspiracy to...

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