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U.S. v. TORY

No. 93-50577.

52 F.3d 207 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Allyn TORY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1995.

Attorney(s) appearing for the Case

Yolanda M. Barrera, Los Angeles, CA, for defendant-appellant.

Brent A. Whittlesey, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: BROWNING, FARRIS, and LEAVY, Circuit Judges.

Opinion by Judge LEAVY; dissent by Judge FARRIS.

OPINION

LEAVY, Circuit Judge:

Mark Allyn Tory was indicted on five counts of bank robbery in violation of 18 U.S.C. §§ 2113(a) and (d). Counts one and four charged armed robbery. Counts two, three, and five charged unarmed robbery. Tory admitted to having committed the robberies but denied being armed during any of them. The jury found Tory guilty of armed bank robbery as alleged in count...

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