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U.S. v. KRAVCHUK

No. 02-5067.

335 F.3d 1147 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Ivan Stepanovich KRAVCHUK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 9, 2003.

Attorney(s) appearing for the Case

Kevin C. Danielson, Assistant United States Attorney (David E. O'Meilia, United States Attorney and Neal B. Kirkpatrick, Assistant United States Attorney with him on the brief), Northern District of OK, for Plaintiff-Appellee.

Art Fleak, Attorney at Law, Tulsa, OK, for Defendant-Appellant.

Before EBEL, BALDOCK and KELLY, Circuit Judges.

EBEL, Circuit Judge.

Defendant-Appellant, Ivan Stepanovich Kravchuk, was tried in federal court for violation of 18 U.S.C. § 2113(b)1 by theft from an automatic teller machine (ATM). During closing arguments, he moved for a new trial on the basis of prosecutorial misconduct. His motion was denied, and he was convicted. After conviction, Kravchuk again moved for a mistrial and his motion was again denied. The district court sentenced...

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