United States v. Daniel Lee Rucker and Eugene C. Smith

*902MEHRTENS, Senior District Judge:

The defendants, Daniel Lee Rucker and Eugene C. Smith, appeal from convictions on a four-count indictment charging Rucker in Count I with entering a federally insured bank with intent to take by force and violence money belonging to the bank, in violation of 18 U.S.C. § 2113(a) and Section 2, and in Count III charging him with conspiracy to commit bank robbery, in violation of 18 U.S.C. § 371. Count II charged Rucker and Smith with entering with intent to commit a bank robbery, in violation of 18 U.S.C. § 2113(a) and Section 2, while Count IV charged Rucker and…