United States v. James Earl Fleming, Jr., Henry Lee Fleming and Tommie Earl Millender

FAIRCHILD, Chief Judge.

Appellants James Earl Fleming, Jr., Tommie Millender, and Henry Fleming were charged in a three-count indictment with assaulting the employees of a bank during the course of a bank robbery in violation of 18 U.S.C. § 2113(d), 1 killing a person while avoiding and attempting to avoid apprehension from the robbery in violation of 18 U.S.C. § 2113(e), 2 conspiracy to rob a bank in violation of 18 U.S.C. § 371, 3 and commission of that offense in violation of 18 U.S.C. § 2113(a). 4 Robert Fisher, Jr. was also charged with these offenses but was deceased prior to the time of…