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UNITED STATES v. FLEMING

Nos. 76-2278 to 76-2280.

594 F.2d 598 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. James Earl FLEMING, Jr., Henry Lee Fleming and Tommie Earl Millender, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1979.

Certiorari Denied June 11, 1979.

Attorney(s) appearing for the Case

Robert A. Filpi, Chicago, Ill., H. Gary Apoian, East St. Louis, Ill., for defendants-appellants.

Walter E. Schroeder, Asst. U. S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, PELL, Circuit Judge, and KUNZIG, Judge.

FAIRCHILD, Chief Judge.

Appellants James Earl Fleming, Jr., Tommie Millender, and Henry Fleming were charged in a three-count indictment with assaulting the employees of a bank during the course of a bank robbery in violation of 18 U.S.C. § 2113(d),1 killing a person while avoiding and attempting to avoid apprehension from the robbery in violation of 18 U.S.C. § 2113(e),2 conspiracy to rob a bank...

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