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UNITED STATES v. LaBINIA

No. 78-1695.

614 F.2d 1207 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Rudy LaBINIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 26, 1980.

Attorney(s) appearing for the Case

Howard T. Chang, Asst. U. S. Atty., Honolulu, Hawaii, Kathleen A. Felton, U. S. Atty., Dept. of Justice, Washington, D. C., on brief; Sidney M. Glazer, Washington, D. C., for plaintiff-appellant.

William S. Hunt, Honolulu, Hawaii, for defendant-appellee.

Before BROWNING and HUG, Circuit Judges, and HOFFMAN, District Judge.

BROWNING, Circuit Judge:

This appeal concerns the scope of the Hobbs Act, 18 U.S.C. § 1951,1 and the relation of the Hobbs Act to the Bank Robbery Act, 18 U.S.C. § 2113.

Rudy LaBinia and three accomplices kidnapped the wife and son of the manager of a branch of the First Hawaiian Bank. In a telephone call to the manager, LaBinia and his associates threatened to kill their hostages unless the manager left $400,000 for...

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