UNITED STATES v. CARMICHAEL

No. 71-1218.

469 F.2d 937 (1972)

UNITED STATES of America v. Robert CARMICHAEL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 19, 1972.


Attorney(s) appearing for the Case

Mr. Dickson R. Loos, Washington, D. C. (appointed by this Court), for appellant.

Mr. Leonard W. Belter, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry, Asst. U. S. Atty., and John Ellsworth Stein, Asst. U. S. Atty. at the time the brief was filed, were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and TAMM and WILKEY, Circuit Judges.


FAHY, Senior Circuit Judge:

The appeal is from convictions of first degree burglary, 22 D.C.Code § 1801(a) (1967), as amended (Supp. V 1972), and of two counts of assault with a deadly weapon, 22 D.C.Code § 502 (1967). The trial was before a judge alone, jury having been waived. Appellant was initially sentenced to imprisonment for five to fifteen years on the burglary count and three to ten years on each of the two assault counts, the sentences to run concurrently...

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