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U.S. v. PERRY

No. 91-6483.

991 F.2d 304 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. James Everett PERRY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 6, 1993.

Attorney(s) appearing for the Case

James E. Arehart, Asst. U.S. Atty., Karen K. Caldwell, U.S. Atty., Kenneth Taylor, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Lexington, KY, for plaintiff-appellee.

Ned B. Pillersdorf (briefed), Pillersdorf, Derossett & Barrett, Prestonsburg, KY, Michael S. Endicott (argued and briefed), Paintsville, KY, for defendant-appellant.

Before: GUY and BATCHELDER, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.

BATCHELDER, Circuit Judge.

Defendant-appellant, James Everett Perry, appeals his conviction and sentence for armed bank robbery under 18 U.S.C. § 2113(a) and (d). We reverse the conviction as to § 2113(d), affirm the conviction as to § 2113(a), and remand for resentencing under § 2113(a).

I.

On May 28, 1991, the Tug Valley Branch of the Pikeville National Bank in South Williamson, Kentucky, was robbed. A man with dark hair and...

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