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BRINKLEY v. UNITED STATES

No. 76-1418.

560 F.2d 871 (1977)

Sherrell Gary BRINKLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 24, 1977.

Rehearing and Rehearing Denied July 20, 1977.

Certiorari Denied November 7, 1977.

Attorney(s) appearing for the Case

Henry J. Osterloh, Little Rock, Ark. (argued), and Sherrell Brinkley, filed brief, for appellant.

Samuel A. Perroni, Asst. U. S. Atty., Little Rock, Ark. (argued), and Wilbur H. Dillahunty, U. S. Atty., on brief, for appellee.

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

Rehearing and Rehearing En Banc Denied July 20, 1977.

VAN PELT, Senior District Judge.

Brinkley appeals from the denial of his petition for relief under 28 U.S.C. § 2255 by the Arkansas District Court.1 There are two points raised on appeal:

1. Whether all of the elements necessary to convict petitioner of aiding and abetting attempted bank robbery under 18 U.S.C. §§ 2113(a) and 2 were proved by the government...

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