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U.S. v. ELLIS

No. 96-4189.

121 F.3d 908 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Leroy ELLIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 6, 1997.

Attorney(s) appearing for the Case

ARGUED: Paul Graham Beers, Glenn, Feldman, Darby & Goodlatte, Roanoke, VA, for Appellant. Thomas Ernest Booth, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF: Robert P. Crouch, Jr., United States Attorney, Anthony P. Giorno, Assistant United States Attorney, United States Department of Justice, Washington, DC, for Appellee.

Affirmed by published opinion. Judge CURRIE wrote the opinion, in which Judge HAMILTON and Judge MOTZ joined.

OPINION

CURRIE, District Judge.

Leroy Ellis appeals his convictions for conspiracy, see 18 U.S.C. § 371, and for the lesser included offense of unarmed bank robbery, see 18 U.S.C. § 2113(a) & (d). We affirm.

I.

On the morning of September 25, 1993, two masked men robbed the First National Bank of Ferrum in Oak Level, Virginia. Robber # 1 (alleged to be appellant) entered the bank, jumped over the counter, and...

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