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UNITED STATES v. DAVIS

No. 75-1805.

544 F.2d 1056 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Floyd August DAVIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 4, 1976.

Attorney(s) appearing for the Case

Nathan G. Graham, U. S. Atty. and Hubert H. Bryant, Asst. U. S. Atty., Tulsa, Okla., submitted on brief for plaintiff-appellee.

Daniel J. Sears, Federal Public Defender, Denver, Colo., submitted on brief for defendant-appellant.

Before LEWIS, Chief Judge and BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Defendant-appellant appeals from sentences imposed after guilty pleas entered to each count of a three-count indictment. We reverse and remand.

A national bank in Turley, Oklahoma, was robbed on February 18, 1975. Defendant Davis and two others were jointly charged in Count I with conspiracy to rob in violation of 18 U.S.C. § 371; in Count II with bank robbery in violation of 18 U.S.C. § 2113(a); and in Count III with...

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