TOLHURST v. UNITED STATES

No. 71-1252.

453 F.2d 432 (1971)

Robert L. TOLHURST, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 28, 1971.


Attorney(s) appearing for the Case

Carl N. Kelly, Wichita, Kan., for petitioner-appellant.

H. Ralph Klemm, Asst. U. S. Atty. (C. Nelson Day, U. S. Atty., on the brief), for respondent-appellee.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

Robert Tolhurst was convicted in 1969 by a jury on a charge of bank robbery in violation of 18 U.S.C. §§ 2113(a) and 2113(b) and was sentenced to a term of twenty-five years. No direct appeal was taken by Tolhurst, though his court-appointed counsel, about whom he now complains, did file a motion for reduction of sentence. Upon hearing, this motion was granted and Tolhurst was resentenced to a term of fifteen years.

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