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U.S. v. BUCKALEW

No. 88-1382.

859 F.2d 1052 (1988)

UNITED STATES of America, Appellee, v. Guy Earl BUCKALEW, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Richard S. Emerson, Jr., by Appointment of the Court, with whom Childs, Emerson, Rundlett, Fifield & Childs, Portland, Me., was on brief for defendant, appellant.

F. Mark Terison, Asst. U.S. Atty., Portland, Me., with whom Richard S. Cohen, U.S. Atty., Augusta, Me., was on brief for appellee.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

After waiving trial by jury, the appellant, Guy Buckalew, was convicted by a federal district court of soliciting James Stewart to commit armed bank robbery. The solicitation statute, 18 U.S.C. § 373, reads as follows:

Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against the person or property of another in violation...

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