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UNITED STATES v. ROBUCK

No. 81-2157.

690 F.2d 794 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Phillip ROBUCK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 8, 1982.

Attorney(s) appearing for the Case

William G. Pharo, Asst. U. S. Atty., Greeley, Colo. (Robert N. Miller, U. S. Atty., Denver, Colo., with him on the brief), for plaintiff-appellee.

Donald A. Brenner, Denver, Colo., for defendant-appellant.

Before SETH, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Gregory Phillip Robuck appeals an order, entered by the United States District Court for the District of Colorado, denying his motion to dismiss an indictment against him pursuant to the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.1

Robuck was tried before a jury for bank larceny in violation of 18 U.S.C.A. §§ 2 and 2113(b) on July 14, 1981. The case was submitted...

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