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UNITED STATES v. GAINES

Nos. 77-1687, 77-1745.

563 F.2d 1352 (1977)

UNITED STATES of America, Appellee, v. James Edward GAINES, Appellant. UNITED STATES of America, Appellee, v. Francis Edward MARTIN, Appellant.

United States Court of Appeals, Ninth Circuit.

November 3, 1977.

Attorney(s) appearing for the Case

Claudia A. Wilken, Asst. Federal Public Defender (argued), San Francisco, Cal., Paul H. Alvarado (argued), San Francisco, Cal., for appellants.

Malcolm S. Segal, Asst. U. S. Atty. (argued), San Francisco, Cal., for appellee.

Before DUNIWAY and KILKENNY, Circuit Judges, and SKOPIL, District Judge.

KILKENNY, Circuit Judge:

Appellants were indicted, tried and convicted in a jury trial of two robberies of a federally insured savings and loan association in violation of 18 U.S.C. § 2113(a). Pretrial motions to suppress, sever the trial, and to enjoin use in evidence of Martin's prior conviction were heard and denied.

FACTUAL BACKGROUND

On September 7, 1976, two black men entered and robbed the State Savings and Loan Association (S&L)...

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