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UNITED STATES v. GOLAY

No. 76-1166.

560 F.2d 866 (1977)

UNITED STATES of America, Appellee, v. George Martin GOLAY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 24, 1977.

Rehearing Denied September 2, 1977.

Attorney(s) appearing for the Case

Michael J. Maginnis, St. Louis, Mo., for appellant; Roger L. Woods, on brief.

Frank A. Bussmann, Asst. U. S. Atty., St. Louis, Mo., for appellee; Barry A. Short, U. S. Atty., on brief.

Before HEANEY and ROSS, Circuit Judges, and VAN PELT, Senior District Judge.

VAN PELT, Senior District Judge.

Appellant Golay appeals the denial of his motion to correct an illegal sentence pursuant to Fed.R.Crim.P. 35. The record shows that Golay was sentenced after being found guilty by a jury on both counts of a two count indictment charging him in Count I with extortion in violation of 18 U.S.C. § 1951 (hereinafter referred to as the Hobbs Act) and in Count II with bank robbery in violation of 18 U.S.C. § 2113(b) and (d) (hereinafter...

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