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UNITED STATES v. MITCHELL

No. 153, Docket 83-1165.

725 F.2d 832 (1983)

UNITED STATES of America, Appellee, v. Pete MITCHELL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 29, 1983.

Attorney(s) appearing for the Case

Sharon Blau, New York City (Frederick H. Cohn, Cohn & Blau, New York City, of counsel), for defendant-appellant.

Charles G. LaBella, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Barry A. Bohrer, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before FEINBERG, Chief Judge, and FRIENDLY and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Pete Mitchell appeals his conviction for armed bank robbery, 18 U.S.C. §§ 2113(d) and 2 (1982), after a jury trial in the District Court for the Southern District of New York (Vincent L. Broderick, Judge). Mitchell primarily claims that the jury instructions on his duress defense erroneously obliged the Government to disprove the defense by only a preponderance of the evidence. We agree with this contention and hold that in...

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