UNITED STATES v. DONOHOE

No. 71-1395.

458 F.2d 237 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Edward DONOHOE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 30, 1972.


Attorney(s) appearing for the Case

Jay M. Galt, Oklahoma City, Okl., for defendant-appellant.

Jack Speight, Asst. U. S. Atty. (Richard V. Thomas, U. S. Atty., Tosh Suyematsu, Asst. U. S. Atty., on the brief), Cheyenne, Wyo., for plaintiff-appellee.

Before HILL, HOLLOWAY and McWILLIAMS, Circuit Judges.


HILL, Circuit Judge.

The appeal is taken from an order denying a motion to modify a sentence pronounced in a criminal prosecution.

While being held in custody under a commissioner's warrant for bank robbery, appellant waived proceedings by indictment and consented to prosecution by an information. An attorney to represent him had been appointed by the court prior to the waiver proceedings. On the same date the waiver was effected and prior to arraignment and...

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