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U.S. v. SHINAULT

No. 97-3061.

147 F.3d 1266 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Michael D. SHINAULT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 8, 1998.

Attorney(s) appearing for the Case

Timothy J. Henry, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the briefs), Wichita, KS, for Defendant-Appellant.

James E. Flory, Assistant United States Attorney, Office of the United States Attorney, Topeka, KS (Jackie N. Williams, United States Attorney, and David M. Lind, Assistant United States Attorney, Wichita, KS, on the brief), for Plaintiff-Appellee.

Before TACHA, McKAY, and BRISCOE, Circuit Judges.

TACHA, Circuit Judge.

At approximately 3:00 a.m. on July 11, 1995, Defendant Michael Shinault entered a Food-4-Less grocery store in Wichita, Kansas. Armed with a semi-automatic pistol, he robbed the store of $250. About an hour later, the defendant committed a similar armed robbery of a Total gas station, netting about $40. The defendant was charged with two counts of violating the Hobbs Act, 18 U.S.C. § 1951 (interfering with interstate commerce by robbery...

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