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UNITED STATES v. McAVOY

No. 507, Docket 77-1383.

574 F.2d 718 (1978)

UNITED STATES of America, Appellee, v. Arthur McAVOY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 17, 1978.

Attorney(s) appearing for the Case

Jonathan J. Silbermann, New York City (Martin Erdmann, The Legal Aid Society, Federal Defender Services Unit, New York City), for defendant-appellant.

Jeremy G. Epstein, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty., for the Southern District of New York, and Audrey Strauss, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and BARTELS, District Judge.

BARTELS, District Judge:

Arthur McAvoy appeals from a judgment of his conviction after a jury trial in the United States District Court, Southern District of New York, for bank robbery and aggravated bank robbery, 18 U.S.C. §§ 2113(a) & (d), and from the sentences imposed under both sections.

McAvoy was tried with his co-defendant, Peter Quinn, on four counts of a six-count indictment charging him and Quinn in counts 1 and 2 with robbery and...

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