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U.S. v. KLEINBART

Nos. 89-3120, 92-3142.

27 F.3d 586 (1994)

UNITED STATES of America, Appellee, v. Michael N. KLEINBART, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1994.

Attorney(s) appearing for the Case

Santha Sonenberg, Asst. Federal Public Defender, Washington, DC, argued the cause for the appellant. On brief was A.J. Kramer, Federal Public Defender, Washington, DC.

Miriam M. Smolen, Asst. U.S. Atty., Washington, DC, argued the cause for the appellee. On brief were Eric H. Holder, Jr., U.S. Atty., and John R. Fisher and Thomas E. Zeno, Asst. U.S. Attys., Washington, DC.

Before EDWARDS, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In 1975, a federal jury convicted Michael Kleinbart of numerous crimes arising from his armed robbery of a pharmacy and subsequent flight from the scene of the crime. On February 6, 1989, Kleinbart filed a petition in district court seeking to vacate one of his convictions based on allegedly improper jury instructions. Kleinbart had neither challenged the instructions...

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