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EMBREY v. HERSHBERGER

No. 95-2906.

131 F.3d 739 (1997)

William J.R. EMBREY, Appellant, v. Greg HERSHBERGER, Warden, United States Medical Center for Federal Prisoners, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Christopher Harlan, Asst. Federal Public Defender, Springfield, MO, argued, for appellant.

David Christopher Jones, Asst. U.S. Atty., Springfield, MO, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, and LAY, McMILLIAN, FAGG, BOWMAN, WOLLMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD and MURPHY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Almost twenty years ago, William J.R. Embrey and an accomplice, both armed, forced a banker to withdraw $11,000 from his bank, and then fled across a state line taking the banker along as a hostage. As a consequence, Mr. Embrey was convicted of armed bank robbery, in violation of the Federal Bank Robbery Act (FBRA), see 18 U.S.C. § 2113(a), § 2113(d), and of kidnapping, in violation of the Federal Kidnapping...

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