No. 95-3311.

102 F.3d 1078 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee WILLIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 17, 1996.

Attorney(s) appearing for the Case

Michael L. Harris, Assistant Federal Public Defender, Kansas City, KS, for Defendant-Appellant.

Robert S. Streepy, Assistant United States Attorney, (Jackie N. Williams, United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee.

Before EBEL, LOGAN and BRISCOE, Circuit Judges.

LOGAN, Circuit Judge.

Defendant Robert Lee Willis appeals following a mistrial because of a hung jury and conviction after a second trial, on a two-count superseding indictment for conspiracy to commit bank larceny, in violation of 18 U.S.C. § 371 and § 2113(b) (Count 1), and for assault while attempting bank larceny, in violation of 18 U.S.C. § 2113(b) and (d) (Count 2). He received a sixty-month sentence...


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