UNITED STATES v. CALHOUN

No. 79-1017.

604 F.2d 1216 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Lee CALHOUN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 20, 1979.


Attorney(s) appearing for the Case

J. Toney (argued), Toney & Trivellini, West Sacramento, Cal., for defendant-appellant.

Julian G. Macias, Jr., Fern M. Segal, Asst. U.S. Atty. (argued), Sacramento, Cal., for plaintiff-appellee.

Before ELY and SNEED, Circuit Judges, and EAST, District Judge.


SNEED, Circuit Judge:

Appellant Donald Calhoun appeals from his jury trial conviction for bank robbery, 18 U.S.C. § 2113(a)(d), and possession of a firearm by a convicted felon, 18 U.S.C.App. § 1202(a)(1). Because we find that the trial court admitted improper, prejudicial evidence, we reverse.

FACTS

Two black males robbed the Citizens Savings and Loan in Sacramento, California July 17, 1978. The robbers wore masks with eye cut-outs. Two...

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