UNITED STATES v. WINLEY

No. 1354, Docket 80-1081.

638 F.2d 560 (1981)

UNITED STATES of America, Appellee, v. David WINLEY, Appellant.

United States Court of Appeals, Second Circuit.

Decided January 15, 1981.


Attorney(s) appearing for the Case

Jerald Rosenthal, Brooklyn, N.Y., for appellant.

John S. Martin, Jr., U. S. Atty., S. D. New York, New York City (Morris Weinberg, Jr., and Gregory L. Diskant, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before VAN GRAAFEILAND and NEWMAN, Circuit Judges, and NEAHER, District Judge.


VAN GRAAFEILAND, Circuit Judge:

Defendant appeals from a judgment of the United States District Court for the Southern District of New York, Edward Weinfeld, Judge, convicting him of bank robbery, 18 U.S.C. § 2113(a), robbery with the use of a firearm, 18 U.S.C. § 2113(d), and conspiracy to commit bank robbery, 18 U.S.C. § 371. Calvin Smith, Herman Redfern, and appellant's brother Jeffrey were named as unindicted co-conspirators, each having pleaded...

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