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UNITED STATES v. SMITH

No. 79-1810.

638 F.2d 131 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Richard D. SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1981.

Attorney(s) appearing for the Case

Robert L. Butler, Seattle, Wash., argued, for defendant-appellant.

Jerry Olson, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before WRIGHT and NELSON, Circuit Judges, and THOMPSON, District Judge.

BRUCE R. THOMPSON, District Judge:

Defendant-appellant Smith was convicted of violating 18 U.S.C. § 2113(a):

Whoever, by force and violence, or by intimidation, takes ... from the person or presence of another any property or money ... belonging to, or in the care, custody, control, management, or possession of, any bank ... (s)hall be fined not more than $5,000 or imprisoned not more than twenty years, or both.

We affirm the conviction.

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