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UNITED STATES v. CULBERT

No. 76-1860.

548 F.2d 1355 (1977)

UNITED STATES of America, Appellee, v. Donald Lavern CULBERT, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied May 27, 1977.

Attorney(s) appearing for the Case

Frank O. Bell, argued, Asst. Federal Public Defender, San Francisco, Cal., for appellant.

John Lockie, Asst. U. S. Atty., San Francisco, Cal., Arthur F. Norton, argued, Atty., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before ELY, CARTER and GOODWIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 27, 1977.

OPINION

PER CURIAM:

Culbert was convicted, in a jury trial, of two offenses charged in an indictment consisting of two Counts. Count One charged an attempted bank robbery in violation of 18 U.S.C. § 2113(a) (Supp.1976). Count Two charged an attempt to obstruct, delay, and affect commerce by robbery, extortion, and threats of physical violence, in violation of 18 U.S.C. § 1951 (1970) ...

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