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UNITED STATES v. SMITH

No. 749, Docket 77-1461.

574 F.2d 707 (1978)

UNITED STATES of America, Appellee, v. Roland SMITH, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Robert N. Shwartz, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Richard Weinberg, Asst. U. S. Atty., New York City, of counsel), for appellee.

Barry T. Bassis, Legal Aid Society, Federal Defender Services Unit, New York City, Martin Erdmann, Legal Aid Society, New York City, for defendant-appellant.

Before GEWIN and MULLIGAN, Circuit Judges and MILLER, Judge.

MULLIGAN, Circuit Judge:

Roland Smith appeals from a judgment of conviction entered on September 6, 1977 in the United States District Court for the Southern District of New York after a four-day jury trial before the Hon. John M. Cannella, United States District Judge. On July 19, 1977 the jury returned a verdict of guilty on three counts: Count One, conspiracy, 18 U.S.C. § 371; Count Two, bank robbery, 18 U.S.C. §§ 2113(a) and 2; Count Three, armed...

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