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U.S. v. HARRIS

Nos. 99-5846, 99-5858.

238 F.3d 777 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Duane HARRIS (99-5846); Anthony Charles Gaines (99-5858), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 30, 2001.

Attorney(s) appearing for the Case

A. Duane Schwartz, Asst. U.S. Atty., Terry M. Cushing (argued and briefed), Asst. U.S. Atty., Marisa J. Ford (briefed), Asst. U.S. Atty., David J. Hale, Asst. U.S. Atty., Louisville, KY, for United States.

Scott T. Wendelsdorf (argued and briefed), Patrick J. Bouldin, Asst. F.P. Defender, Louisville, KY, for Gary Duane Harris.

Len W. Ogden, Jr. (argued and briefed), Paducah, KY, Jill Giordano, Giordano Law Office, Princeton, KY, for Anthony Charles Gaines, Jr.

Before MERRITT, KENNEDY, and GILMAN, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

PER CURIAM.

On April 1, 1996, Gary Harris and Anthony Gaines were planning to rob a convenience store located on the grounds of the U.S. Army base at Fort Campbell, Kentucky. As they waited for an opportune moment to enter the store, two soldiers, Michael Alonso and Gorge Lopez, walked toward the store. Harris and Gaines pulled bandanas over their faces and confronted the soldiers. Gaines told them to "Back...

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