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MONTEER v. BENSON

No. 77-1544.

574 F.2d 447 (1978)

Martin W. MONTEER, Appellant, v. Charles L. BENSON, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 25, 1978.

Rehearing and Rehearing Denied May 25, 1978.

Attorney(s) appearing for the Case

Robert C. Levy, Kansas City, Mo., for appellant; Martin W. Monteer, on brief pro se.

J. Whitfield Moody, Asst. U. S. Atty., Kansas City, Mo., for appellee; Ronald S. Reed, Jr., U. S. Atty., Kansas City, Mo., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, HENLEY, Circuit Judge, and LARSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied May 25, 1978.

LARSON, Senior District Judge.

Martin W. Monteer was convicted of robbing a bank by the use of deadly weapons, in violation of 18 U.S.C. § 2113(a) and (d), and sentenced to sixteen years imprisonment. His conviction was affirmed on appeal. United States v. Monteer, 512 F.2d 1047 (8th Cir.), cert. denied, 423 U.S. 855, 96 S.Ct. 103, 46 L.Ed.2d 80 (1975...

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