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UNITED STATES v. HERNDON

No. 246, Docket 75-1233.

525 F.2d 208 (1975)

UNITED STATES of America, Appellee, v. David HERNDON, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 5, 1975.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (William J. Gallagher, The Legal Aid Society, Michael Young, New York City, on the brief), for appellant.

Paul B. Bergman, Asst. U. S. Atty. (David G. Trager, U. S. Atty., E. D. N. Y., Josephine Y. King, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE, FEINBERG and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal seeks a remand for resentencing on the basis that the sentencing judge mistakenly believed that the appellant had lied under oath at his trial and that the presentence report contained errors of fact and carried what appellant calls a misleading "ambience." Appellant was originally tried for attempting to rob a bank, 18 U.S.C. § 2113(a),1 but the jury failed to agree on a verdict. He then pleaded...

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