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U.S. v. BAY

No. 86-1089.

820 F.2d 1511 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Thaeeb BAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1987.

Attorney(s) appearing for the Case

Sanford Svetcov, San Francisco, Cal., for plaintiff-appellee.

Gregor D. Guy-Smith, San Francisco, Cal., for defendant-appellant.

Before WALLACE, SKOPIL and CANBY, Circuit Judges.

WALLACE, Circuit Judge:

Bay appeals a 20 year sentence for unarmed robbery imposed after his retrial following his successful appeal of earlier convictions for this and two other crimes. Bay argues that the district court imposed a more severe sentence after the retrial without any justification. Bay also contends that the district court improperly instructed the jury. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

I

In 1983,...

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