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UNITED STATES v. CLEVELAND

Nos. 78-1110, 78-1111.

590 F.2d 24 (1978)

UNITED STATES of America, Appellee, v. Richard Lester CLEVELAND, Jr., Defendant, Appellant. UNITED STATES of America, Appellee, v. Robert William LEWEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 28, 1978.

Attorney(s) appearing for the Case

James B. Krasnoo, Boston, Mass., with whom Norris, Kozodoy & Krasnoo, Boston, Mass., was on brief, for defendant, appellant, Richard Lester Cleveland, Jr.

William J. Cintolo, Boston, Mass., appearing for defendant, appellant, Robert William Lewey.

Robert B. Collings, First Asst. U. S. Atty., Chief, Crim. Div., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on consolidated brief, for appellee.

Before ALDRICH, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Richard Cleveland and Robert Lewey seek reversal of their convictions under 18 U.S.C. § 2113(d) for participating in the armed robbery of the Hancock Bank and Trust Company in Braintree, Massachusetts, on January 20, 1977. They were tried before a jury with a third codefendant, Robert Scadding. On appeal, they argue that the district court abused its discretion when it denied their request that their trial be severed from Scadding...

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