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U.S. v. BANCALARI

No. 95-50369.

110 F.3d 1425 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Frank BANCALARI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 8, 1997.

Attorney(s) appearing for the Case

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, California, for the appellant.

Warrington S. Parker III and Benjamin Jones, Jr., Assistant United States Attorneys, Los Angeles, California, for the appellee.

Before: HUG, Chief Judge, PREGERSON and REINHARDT, Circuit Judges.

HUG, Chief Judge:

Frank Bancalari was convicted by a jury of kidnapping and transporting a person across a foreign border in violation of 18 U.S.C. § 1201(a)(1), and for aiding and abetting the use of a firearm in the commission of the kidnapping in violation of 18 U.S.C. § 924(c). The essential issue in the kidnapping conviction is whether the kidnapping was still in progress when the border was crossed. The essential issue in the firearms conviction is...

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