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GRIMES v. UNITED STATES

No. 836, Docket 79-2007.

607 F.2d 6 (1979)

Edward GRIMES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 6, 1979.

Attorney(s) appearing for the Case

David J. Gottlieb, The Legal Aid Society, Federal Defender Services Unit, New York City, for petitioner-appellant.

David W. Denton, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., David C. Patterson, Asst. U. S. Atty., Southern District of New York, New York City, of counsel), for respondent-appellee.

Before MOORE, FEINBERG and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

This appeal raises interesting questions regarding the proper relationship between two specific sections of the Federal Bank Robbery Act — 18 U.S.C. § 2113(a) (bank robbery) and 18 U.S.C. § 2113(d) (armed bank robbery) — as well as the relationship between § 2113(d) and part of the Gun Control Act of 1968-18 U.S.C. § 924(c)(1) (use of a firearm to commit a felony). For the reasons that follow, we hold that...

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