U.S. v. KIRVAN

Nos. 92-2069, 92-2289.

997 F.2d 963 (1993)

UNITED STATES, Plaintiff-Appellant, v. Paul J. KIRVAN, Defendant-Appellee. UNITED STATES, Appellee, v. Paul J. KIRVAN, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided June 29, 1993.

Rehearing Denied August 6, 1993.


Attorney(s) appearing for the Case

Richard Abbott, Brookline, MA, for Paul J. Kirvan.

Timothy Q. Feeley, Asst. U.S. Atty., with whom A. John Pappalardo, U.S. Atty., Boston, MA, was on brief, for U.S.

Before CYR and BOUDIN, Circuit Judges, and BURNS, Senior District Judge.


BOUDIN, Circuit Judge.

Paul Kirvan appeals from a jury verdict finding him guilty on one count of armed bank robbery, in violation of 18 U.S.C. § 2113(d). The jury also convicted Kirvan of carrying a firearm during the commission of a crime of violence, in violation of 18 U.S.C. § 924(c), but the district court set that conviction aside. On cross-appeal, the government argues that the trial judge erred in granting...

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