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UNITED STATES v. BOLZER

Nos. 76-2909 to 76-2911.

556 F.2d 948 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. LaRita Anne BOLZER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William BOLZER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jerry THOMPSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 30, 1977.

Attorney(s) appearing for the Case

David J. Wing, submitted on briefs, Poore, McKenzie, Roth, Robischon & Robinson, Butte, Mont., for defendants-appellants.

Thomas A. Olson, U.S. Atty., Robert L. Zimmerman, Asst. U.S. Atty., Billings, Mont., submitted on briefs for plaintiff-appellee.

Before CARTER and CHOY, Circuit Judges, and HOFFMAN, District Judge.

OPINION

JAMES M. CARTER, Circuit Judge:

This is an appeal by three defendants of their convictions by a jury for armed mail robbery, in violation of 18 U.S.C. § 1706 and 2114, and for conspiracy, in violation of 18 U.S.C. § 371.

Appellants argue that count one of the indictment for conspiracy should have been dismissed because of a fatal variance between the allegations in the indictment and the proof at trial. Appellant Thompson also objects...

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