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UNITED STATES v. SMITH

No. 84-1262.

780 F.2d 810 (1986)

UNITED STATES of America, Plaintiff/Appellee, v. Marvin Neal SMITH, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1986.

Attorney(s) appearing for the Case

James E. White, Asst. U.S. Atty., Fresno, Cal., for plaintiff/appellee.

Patience Milrod, Fresno, Cal., for defendant/appellant.

Before SCHROEDER, ALARCON, and BOOCHEVER, Circuit Judges.

PER CURIAM:

Marvin Neal Smith was indicted and tried for armed robbery of a savings and loan association in violation of 18 U.S.C. §§ 2113(a) and (d) (1982). On the second day of his three day trial, after thirteen of fifteen prosecution witnesses had testified, Smith requested permission to represent himself. The court denied the request on the grounds that it was untimely, would result in delay and was made for the tactical purpose of delay. Smith was...

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