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U.S. v. BAKER

Nos. 92-10552, 92-10581.

999 F.2d 412 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen BAKER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Philip L. CABAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted May 6, 1993.

Decided July 15, 1993.

Attorney(s) appearing for the Case

Birney Bervar, Asst. Federal Public Defender, Honolulu, HI, for defendant-appellant Baker.

Wayne H. Tashima, Honolulu, HI, for defendant-appellant Caban.

Edward H. Kubo, Jr., Asst. U.S. Atty., Honolulu, HI, for plaintiff-appellee.

Before: GOODWIN, TANG, and NOONAN, Circuit Judges.

Argued and Submitted May 6, 1993 as to Baker.

Submitted May 6, 1993* as to Caban.

GOODWIN, Circuit Judge:

Stephen Baker and Philip L. Caban appeal their convictions and sentences under the Sentencing Guidelines for bank robbery in violation of 18 U.S.C. § 2113(a). We reverse the convictions and remand for a new trial because appellants' due process rights were violated when the government impermissibly commented in...

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