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UNITED STATES v. DEARMORE

No. 81-1480X.

672 F.2d 738 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. John Wendall DEARMORE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 23, 1982.

As Amended May 5, 1982.

Attorney(s) appearing for the Case

Frederick A. Black, Federal Defender, Portland, Or., for defendant-appellant.

Loren Collins, Law Clerk, Portland, Or., argued, for the U. S.; Kristine Olson Rogers, Asst. U. S. Atty., Portland, Or., on brief.

Before KENNEDY, FARRIS, and NORRIS, Circuit Judges.

KENNEDY, Circuit Judge:

John Wendall Dearmore appeals his convictions of conspiracy to attempt bank robbery in violation of 18 U.S.C. §§ 371, 2113(a) (1976) and attempted bank robbery in violation of 18 U.S.C. § 2113(a) (1976). A principal contention on appeal is that the law does not punish a conspiracy to attempt a crime and that Dearmore's conviction on this count should be set aside. Dearmore argues further that both convictions should be overturned...

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