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UNITED STATES v. LUCKEY

No. 80-1805.

655 F.2d 203 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel Perry LUCKEY, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 4, 1981.

Attorney(s) appearing for the Case

A. J. Kramer, Asst. Federal Public Defender, San Francisco, Cal., for defendant-appellant.

Henry Wykowski, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before MERRILL, Circuit Judge, MARKEY, Customs and Patent Appeals Judge, and FARRIS, Circuit Judge.

MERRILL, Circuit Judge:

Appellant has been convicted of the felony of bank larceny in violation of Title 18 U.S.C. § 2113(b).1 The stolen property was a blank dividend check taken from the bank's corporate trust department.2 The blank check, after having been taken from the bank, was filled in for the sum of $367.80, payable to appellant, together with a purported record date, payable date and dividend...

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