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U.S. v. VAN

No. 86-1283.

814 F.2d 1004 (1987)

The UNITED STATES of America, Plaintiff-Appellee, v. Gary Don VAN and Frederick Oliver, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 1, 1987.

Attorney(s) appearing for the Case

William Mark Berton, Dallas, Tex. (Court-appointed), for Van.

Thomas A. Blakeley, Jr., Dallas, Tex. (Court-appointed), for Oliver.

Marvin Collins, U.S. Atty., William F. Alexander, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before REAVLEY and RANDALL, Circuit Judges, MAHON, District Judge

MAHON, District Judge:

Appellants Gary Don Van and Frederick Oliver were convicted under 18 U.S.C. § 2113(e) for bank robbery and under 18 U.S.C. § 2 for aiding and abetting in a bank robbery. Van and Oliver appeal their convictions, contending that the facts of this case do not constitute a bank robbery. In order to be convicted under subsection (e) of 18 U.S.C. § 2113, one must have violated another subsection of 18 U.S.C. § 2113. Subsection...

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