UNITED STATES v. CUBEAN

No. 79-1557.

611 F.2d 257 (1979)

UNITED STATES of America, Appellee, v. Donald Jay CUBEAN a/k/a "Slim", "Frisco", James Boyd, Harold T. Obey & Ruel Johnson; Melvin McMillian a/k/a "Mac", Appellants, and John Earl Gaines.

United States Court of Appeals, Eighth Circuit.

Decided December 26, 1979.

Rehearing Denied January 21, 1980.

Certiorari Denied March 3, 1980.


Attorney(s) appearing for the Case

Melvin McMillian, pro se.

Donald Jay Cubean, pro se.

James H. Reynolds, U. S. Atty., Cedar Rapids, Iowa, for appellee.

Before HEANEY, ROSS and HENLEY, Circuit Judges.


Certiorari Denied March 3, 1980. See 100 S.Ct. 1283.

PER CURIAM.

Melvin McMillian and Donald Jay Cubean, proceeding pro se, appeal from the denial of their joint post-conviction petition filed pursuant to 28 U.S.C. § 2255.

In 1975, McMillian and Cubean were convicted by a jury of robbing the Rath Employees Credit Union of Waterloo, Iowa, in violation of 18 U.S.C. § 2113, using a firearm in the commission of a felony in violation of 18 U.S...

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