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UNITED STATES v. ROSSI

No. 76-1463.

552 F.2d 381 (1977)

UNITED STATES of America, Appellant, v. Francis Spencer ROSSI et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Robert B. Collings, Asst. U. S. Atty., Deputy Chief, Crim. Div., Boston, Mass., with whom James N. Gabriel, U. S. Atty., was on brief, for appellant.

Appellees did not argue the case, nor file a brief, but submitted on the District Court record.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Defendant was indicted, with a codefendant, for bank robbery in three counts: count one charged simple entry and robbery in violation of 18 U.S.C. § 2113(a); count two charged robbery accompanied by assault with a deadly weapon in violation of § 2113(d); count three charged that "in attempting to avoid apprehension for the commission of said offense, [defendants] did force other persons to accompany him [sic] without the consent of such...

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