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UNITED STATES v. BELL

No. 72-2816. Summary Calendar.

470 F.2d 1178 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Fred Louis BELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1973.

Attorney(s) appearing for the Case

Leighton Cornett, Paris, Tex., for defendant-appellant.

Roby Hadden, U. S. Atty., Dennis Lewis, Asst. U. S. Atty., Tyler, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

PER CURIAM:

Appellant Bell pled guilty in 1968 to five counts of bank robbery and was sentenced to serve a total of not more than six years. In May 1970, the district court granted Bell a new trial. Following conviction at this new trial, Bell was sentenced to ten years imprisonment on the same charges which originally resulted in a six-year sentence. The district court attempted to justify the increased sentence by attributing it to what the court considered "perjury...

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