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UNITED STATES v. SHELBY

No. 77-1772.

573 F.2d 971 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Leonard SHELBY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 31, 1978.

Attorney(s) appearing for the Case

Matthew J. Flynn, Milwaukee, Wis., for defendant-appellant.

William J. Mulligan, U. S. Atty., William E. Callahan, Jr., Asst. U. S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judge, WOOD, Circuit Judge, and EAST, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

On November 4, 1976 the defendant, Thomas Leonard Shelby, was charged in a six count indictment with bank larceny in 1975 and 1976 from three different banks insured by the Federal Deposit Insurance Corporation.1 Three of the counts were dismissed by the government. The defendant waived trial by jury on the remaining three counts, and upon a stipulation of facts was found guilty by the court on each...

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