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UNITED STATES v. BODEY

No. 79-2503.

607 F.2d 265 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Spencer BODEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 23, 1979.

Attorney(s) appearing for the Case

Kenneth E. Kanev, Seattle, Wash., for defendant-appellant.

Robert M. Taylor, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before HUFSTEDLER and TRASK, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, District Judge.

Robert Spencer Bodey appeals from the denial of his 28 U.S.C. § 2255 motion. He contends that the trial court erred in denying his motion for a judgment of acquittal at his first bank robbery trial and that his conviction after a second trial must now be vacated under Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978). We agree.

On August 8, 1975, Bodey robbed the Midway...

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