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U.S. v. McMUTUARY

Nos. 98-1150, 98-1151.

176 F.3d 959 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Brian K. McMUTUARY and Dante A. Grier, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 5, 1999.

Order Granting Rehearing July 20, 1999.

Attorney(s) appearing for the Case

Joel D. Bertocchi, Solicitor General (argued), Office of the Attorney General, Chicago, IL, for Plaintiff-Appellee in No. 98-1150.

Jacqueline Ross, Office of the United States Attorney, Criminal division, Chicago, IL, for Plaintiff-Appellee in No. 98-1151.

Terence MacCarthy, Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant in No. 98-1150.

Matthew F. Kennelly, Terence H. Campbell (argued), Cotsirilos, Stephenson, Tighe & Streicker, Chicago, IL, for Defendant-Appellant in No. 98-1151.

Before FAIRCHILD, MANION, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Brian McMutuary, Dante Grier, and Steven Brown participated in the armed robbery of Southwest Financial Bank in Chicago, Illinois. A superseding indictment charged each with conspiracy to commit armed bank robbery, armed bank robbery, and use of and carrying a firearm in connection with a crime of violence. McMutuary was also charged with one count of perjury. Brown entered a plea of guilty on all counts of the original indictment (which contained...

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