UNITED STATES v. OSBORNE

No. 79-5660 Summary Calendar.

630 F.2d 374 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Allen Lynn OSBORNE and Keith Evans Pendleton, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 13, 1980.


Attorney(s) appearing for the Case

John R. Howes, State's Atty., Bradenton, Fla. (Court-appointed), for Osborne.

Ed Leinster, P.A., Orlando, Fla. (Court-appointed), for Pendleton.

Robert A. Leventhal, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

Before TJOFLAT, FRANK M. JOHNSON, Jr. and GARZA, Circuit Judges.


GARZA, Circuit Judge:

On July 7, 1979, Postal Clerk Lois Elliott, working at the Post Office in Christmas, Florida, was approached by a man who stated, "we want your money." The man motioned for someone else to come in, then climbed over the counter and took out a gun. When the second man came in, Ms. Elliott was told to sit quietly in a chair and was taped to it.

The two men took the post office money order machine and cash from a drawer. After they left...

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