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UNITED STATES v. HOPKINS

No. 82-1567.

703 F.2d 1102 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Terrill Douglas HOPKINS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1983.

Attorney(s) appearing for the Case

John S. Moot, Federal Defender, San Diego, Cal., for defendant-appellant.

Hector E. Salitrero, Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Hector E. Salitrero, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before ELY, SCHROEDER, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

A jury convicted Hopkins of attempted bank robbery by intimidation in violation of 18 U.S.C. § 2113(a). He appeals.

On March 31, 1982, Hopkins entered a Crocker National Bank and presented a demand note to teller Oliaz. The note stated: "Give me all your hundreds, fifties and twenties. This is a robbery." When Oliaz replied that she had no hundreds or fifties, Hopkins stated: "Okay, then give me what you've got." Oliaz left the...

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