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United States v. Bush

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


decided: April 4, 1972.

UNITED STATES OF AMERICA, APPELLEE,
v.
GARY BUSH, APPELLANT

Smith, Feinberg and Mulligan, Circuit Judges.

Author: Per Curiam

Appellant Gary Bush appeals from a judgment of conviction for armed bank robbery, 18 U.S.C. § 2113(a), (d), and for conspiracy to commit the robbery, 18 U.S.C. § 371. He was tried before Judge Orrin G. Judd and a jury in the United States District Court for the Eastern District of New York, together with four co-defendants, one of whom, Michael C. Fisher, was found guilty along with Bush. Both were sentenced to 25 years imprisonment and both have appealed, but Bush's appeal was severed. On February 14, 1972, this court affirmed the conviction of Fisher. United States v. Fisher, 455 F.2d 1101 (1972).

Our earlier decision contains the basic facts of this case as well as a discussion of most of the legal issues presented for review. To the extent that decision is applicable to the present appeal, we adhere to it. Bush raises several additional issues, including claims that his confession was involuntary and that his parents could not properly have consented to the search of a third-floor bedroom in their house.*fn1 We find these two arguments, as well as the others now pressed, to be without merit and affirm Bush's conviction.

Judgment affirmed.

Disposition

Affirmed


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