United States v. Lewis Jackson, United States of America v. Willie Brazier, Jr.

Good Law
430 F.2d 1113
United States Court of Appeals for the Ninth CircuitAugust 27, 197025272, 25273California1,537 words

Opinion

Opinion

Hamlin, J.

Appellants Lewis Jackson and Willie Brazier, Jr., were charged in an indictment in the Western District of Washington with two counts of violations of 18 U.S.C. §§ 2113 (a) and 2113(d) (armed bank robbery). After a jury trial they were convicted on both counts and sentenced to terms of imprisonment. A timely appeal was made to this court which has jurisdiction under 28 U.S.C. § 1291 .

Appellants make only three contentions on appeal: First, that the district court erred in refusing to allow the appellants to be released on bail prior to trial; Second, that the district court erred in refusing to grant appellants' motion for the disqualification of the district court judge; and Third, that the district court erred in not requiring adequate proof of coverage by the Federal Deposit Insurance Corporation on the date of the robbery, an essential element to establish the crime charged.

As to the first contention, the record shows that appellant Jackson was released on $20,000 surety bond on April 8, 1969, and appellant Brazier was released on bond on May 2, 1969. On May 9, 1969, the trial court, upon receiving information from the United States Attorney that threats had been made by…

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