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UNITED STATES v. MILLS

Nos. 77-1448, 77-1449, 77-1450 and 77-1747.

597 F.2d 693 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Barry Byron MILLS, Daniel James Cavanaugh, Robbin Lynn Bryan Cavanaugh, Martin Trevino Vargas, Jr., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 25, 1979.

Attorney(s) appearing for the Case

Michael B. Read, Sacramento, Cal., Roger K. Vehrs, Fresno, Cal., Russell G. Vanrozeboom, Kingsburg, Cal., Vincent J. McGraw, Fresno, Cal., for defendants-appellants.

Dwayne Keyes, U. S. Atty., Fresno, Cal., for plaintiff-appellee.

Before BROWNING and HUG, Circuit Judges, and SCHWARZER, District Judge.

HUG, Circuit Judge:

On June 8, 1976, Martin Vargas and Barry Mills entered the Mayfair Branch of Lloyd's Bank in Fresno. Vargas threatened a bank employee with a handgun and they took over $100,000 in cash. Daniel Cavanaugh drove the "get-away car". Robbin Bryan,1 a companion of Cavanaugh, attempted to flee to Canada with Cavanaugh thereafter.

All four parties were jointly charged and tried together by jury. Vargas, Mills and Cavanaugh...

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