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UNITED STATES v. MITCHELL

Nos. 78-5296, 78-5297.

590 F.2d 816 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Royal MITCHELL a/k/a Roy Mitchell (78-5296), Chester Generette (78-5297), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Michael B. Kay, Memphis, Tenn. (Court-appointed) for defendant-appellant Mitchell.

W. J. Michael Cody, U. S. Atty., Timothy R. DiScenza, Memphis, Tenn., for plaintiff-appellee.

Stephen B. Shankman, Asst. Public Defender, Memphis, Tenn., for defendant-appellant Generette.

Before EDWARDS, Chief Judge, and ENGEL and MERRITT, Circuit Judges.

MERRITT, Circuit Judge.

Defendants, Mitchell and Generette, appeal their jury convictions for unarmed bank robbery in violation of 18 U.S.C. § 2113(a) (1976). The basis of defendants' challenge to their convictions is the district court's failure to grant a mistrial because of two separate instances of juror "contact" with one of the defendants. They also challenge the district court's procedure for determining the effect of the "contact" on the two individual...

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