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UNITED STATES v. PENDEGRAPH

No. 85-7276.

791 F.2d 1462 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Allen PENDEGRAPH and Clifford Eugene Mickels, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearings Denied August 12, 1986.

Attorney(s) appearing for the Case

J. Harry Blalock, Birmingham, Ala., for Pendegraph.

James L. O'Kelley, Birmingham, Ala., for Mikels.

Frank W. Donaldson, U.S. Atty., Shirley I. McCarty, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before RONEY and CLARK, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

FAIRCHILD, Senior Circuit Judge:

Defendants Jeffrey Allen Pendegraph and Clifford Eugene Mickels appeal their convictions for armed bank robbery and bank robbery, respectively, under 18 U.S.C. § 2113(a), (d) and 18 U.S.C. § 2113(a). For the reasons set forth below, we affirm the judgment as to Mickels; as to Pendegraph, the judgment is affirmed in part and reversed in part.

The Government's theory of the...

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