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U.S. v. McMUTUARY

Nos. 98-1150, 98-1151.

217 F.3d 477 (2000)

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

United States Court of Appeals, Seventh Circuit.

Decided on Resubmission June 21, 2000

Attorney(s) appearing for the Case

Barry Rand Elden, Chief of Appeals, Joel Bertocchi, argued, Office of the U.S. Atty., Criminal Division, Chicago, IL, for United States in No. 98-1150.

Barry Rand Elden, Chief of Appeals, Office of the U.S. Atty., Criminal Division, Chicago, IL, for United States in No. 98-1151.

Terence MacCarthy, Office of the Federal Defender Program, Chicago, IL, for Brian K. McMutuary.

Terence H. Campbell, argued, Cotsirilos, Stephenson, Tighe & Streicker, Chicago, IL, for Dante A.Grier.

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. A superseding indictment charged each with conspiracy to commit armed bank robbery, armed bank robbery and use of a firearm in connection with a crime of violence. McMutuary also was charged with one count of perjury. Brown entered a plea of guilty on all counts of the original indictment (which contained the same charges with...

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