Thomas Dee Stoker v. United States

Appellant Thomas Dee Stoker, here appeals his conviction and sentence in the U. S. District Court for the District of Arizona. The Grand Jury indicted the defendant on June 8, 1977 for conspiring with Kenneth Ray Dixon to commit bank robbery in violation of Title 18 U.S.C. Section 371 (Count I) and for bank robbery in violation of Title 18 U.S.C. Section 2113 (a) (Count II). In the indictment, Dixon was named as an unin-dicted co-conspirator. Dixon had been previously convicted for his part in the bank robbery which was affirmed by this Court in U. S. v. Dixon, 566 F.2d 1184 . Appellant was convicted on both counts and sentenced to serve 5 years imprisonment as to Count I, and 10 years as to Count II, the sentences to run concurrently. We affirm the conviction and the sentence.

Appellant contends that he was convicted on the basis of the uncorroborated testimony of an accomplice; that United States v. Hibler, 463 F.2d 455 (9th Cir. 1972), and United States v. Miller, 546 F.2d 320 (9th Cir. 1976) require that this Court carefully scrutinize the accomplice’s testimony as to its competency and the other asserted errors, and that the accomplice’s testimony was incredible and…