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UNITED STATES v. MOORE

No. 77-3646.

580 F.2d 360 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest Gene MOORE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 18, 1978.

Attorney(s) appearing for the Case

Susan Mandiberg, Portland, Or., for defendant-appellant.

William Youngman, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and GRANT, District Judge.

DUNIWAY, Circuit Judge:

Moore was convicted on both counts of a two-count indictment charging him and two others with attempted bank robbery, a violation of 18 U.S.C. § 2113(a), and use of firearms in the commission of a felony, the same attempted bank robbery, a violation of 18 U.S.C. § 924(c)(1). We affirm.

I. FACTS.

On April 8, 1977, Moore was arrested outside the King-Linwood branch of the United States National Bank in Milwaukie, Oregon...

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