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UNITED STATES v. RUCKER

Nos. 924, 925, Dockets 77-1478, 1479.

586 F.2d 899 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Lee RUCKER and Eugene C. Smith, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 28, 1978.

Attorney(s) appearing for the Case

Eugene Welch, Asst. U.S. Atty. (Richard J. Arcara, U. S. Atty., W. D. New York, Buffalo, N. Y.), for plaintiff-appellee.

Michael R. Wolford, Rochester, N. Y., for defendant-appellant Eugene C. Smith.

David G. Larimer, Rochester, N. Y., for defendant-appellant Daniel Lee Rucker.

Before OAKES, Circuit Judge, BLUMENFELD, Senior District Judge, and MEHRTENS, Senior District Judge.

MEHRTENS, Senior District Judge:

The defendants, Daniel Lee Rucker and Eugene C. Smith, appeal from convictions on a four-count indictment charging Rucker in Count I with entering a federally insured bank with intent to take by force and violence money belonging to the bank, in violation of 18 U.S.C. § 2113(a) and Section 2, and in Count III charging him with conspiracy to commit bank robbery, in violation of 18 U.S...

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