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UNITED STATES v. ABRAHAM

Nos. 79-1520, 79-1546.

617 F.2d 187 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Freddie Lee ABRAHAM, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David Lee HUGULEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 18, 1980.

Attorney(s) appearing for the Case

John R. Miller, Salem, Or., argued for defendants-appellants; Stuart I. Teicher, Portland, Or., on the brief.

Ellen F. Rosenblum, Salem, Or., argued for plaintiff-appellee; Peter Robinson, Asst. U.S. Atty., Portland, Or., on the brief.

Before DUNIWAY and ANDERSON, Circuit Judges, and BONSAL, District Judge.

BONSAL, District Judge:

David Lee Huguley ("Huguley") and Freddie Lee Abraham ("Abraham") appeal from their convictions for armed bank robbery in violation of 18 U.S.C. § 2113(d). We affirm the conviction of Huguley and vacate the conviction of Abraham.

On the afternoon of April 23, 1979, two men, one of whom was armed, robbed $918 from the North Lombard Branch of the Lincoln Savings and Loan Association ("the bank") in Portland, Oregon. On April 25,...

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