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UNITED STATES v. MARSHALL

Nos. 644 and 645, Dockets 34163-34164.

427 F.2d 434 (1970)

UNITED STATES of America, Appellee, v. Samuel MARSHALL and William Hazel Peterkin, Jr., Appellants.

United States Court of Appeals, Second Circuit.

Decided June 1, 1970.

Attorney(s) appearing for the Case

David G. Trager, Asst. U.S. Atty. (Edward R. Neaher, U.S. Atty., for the Eastern District of New York, on the brief), for appellee.

David N. Ellenhorn, New York City (Milton Adler, New York City, The Legal Aid Society, on the brief), for appellants.

Before LUMBARD, Chief Judge, HAYS, Circuit Judge, and BLUMENFELD, District Judge.

LUMBARD, Chief Judge.

Samuel Marshall and William Peterkin appeal from their convictions by a jury in the Eastern District of New York of bank robbery and aggravated bank robbery, 18 U.S.C. § 2113(a) and (d), and from their respective concurrent sentences under the same subsections.1 We find no error in the convictions under section 2113(a) and affirm. However, we vacate the convictions under section 2113(d), since it was improper...

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