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United States v. White

United States Court of Appeals, Fifth Circuit
Sep 1, 1971
447 F.2d 493 (5th Cir. 1971)

Opinion

No. 71-1687 Summary Calendar.

Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409.

September 1, 1971.

Irving Silver, Feibelman Silver, Mobile, Ala., for defendant-appellant.

C.S. White-Spunner, Jr., U.S. Atty., Irwin W. Coleman, Jr., Asst. U.S. Atty., Mobile, Ala., for plaintiff-appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.



Appellant was convicted of (1) robbing a bank in violation of 18 U.S.C.A. § 2113(a), and (2) assaulting and putting in jeopardy the lives of persons by use of a dangerous weapon while committing the bank robbery in violation of 18 U.S.C.A. § 2113(d). He was sentenced to twenty years under the (a) count and to twenty-five years under the (d) count, to run concurrently. On and remanded for the District Court to appeal, we vacated the two sentences enter a single sentence. United States v. White, 5 Cir., 1971, 436 F.2d 1380.

On remand, appellant was resentenced to twenty-five years imprisonment on the conviction under § 2113(d). The sentence on the conviction under § 2113(a) was vacated. See Eakes v. United States, 5 Cir., 1968, 391 F.2d 287. The present appeal is from the judgment resentencing appellant.

Appellant argues that the district court committed error in failing to require a new jury trial, rather than merely resentencing him as stated. This contention is without merit. In fact, it was specifically rejected in United States v. White, 5 Cir., 1971, 440 F.2d 978.

Appellant also urges that his sentence was too harsh and that we should modify it. In Zaffarano v. Blackwell, 5 Cir., 1967, 383 F.2d 719, 721, we said:

"This Court is without power to modify a sentence which was legally imposed and within the bounds prescribed by statute."

Thus this contention is also without merit.

Affirmed.


Summaries of

United States v. White

United States Court of Appeals, Fifth Circuit
Sep 1, 1971
447 F.2d 493 (5th Cir. 1971)
Case details for

United States v. White

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. John Cortez WHITE…

Court:United States Court of Appeals, Fifth Circuit

Date published: Sep 1, 1971

Citations

447 F.2d 493 (5th Cir. 1971)

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