WHITE v. UNITED STATES

No. 25147.

402 F.2d 72 (1968)

Harold Frank WHITE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 5, 1968.


Attorney(s) appearing for the Case

Dominick J. Salfi, Orlando, Fla., for appellant.

Robert B. McGowan, Asst. U. S. Atty., Tampa, Fla., for appellee.

Before TUTTLE, COLEMAN and MORGAN, Circuit Judges.


PER CURIAM:

On this appeal from the conviction and sentence to two concurrent terms of ten years for violation of 18 U.S.C.A. § 2113 (a) and 18 U.S.C.A. § 2113(b), we conclude that the trial court did not err as to any of the grounds asserted.

While it is true that actual time to be served by one convicted of the violations of these two sections cannot be pyramided so as to exceed the maximum provided under the more severe, Prince v. United States...

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