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UNITED STATES v. SIMMONS

Nos. 75-2355, 75-2356.

537 F.2d 1260 (1976)

UNITED STATES of America, Appellee, v. Kenneth Paul SIMMONS and Melvin Thomas Lawrence, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1976.

Attorney(s) appearing for the Case

Gerald M. Richman, Asst. Federal Public Defender, Baltimore, Md. (court appointed), for appellants.

Daniel M. Clements, Asst. U. S. Atty., Baltimore, Md. (Jervis S. Finney, U. S. Atty., Baltimore, Md., on brief), for appellee.

Before WINTER and CRAVEN, Circuit Judges, and WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge.

Defendants, having been indicted, pursuant to 18 U.S.C. §§ 2113(a), (b), (d), and (f), on three counts of bank robbery, pled guilty to Count I. They were sentenced to 18 years', instead of the maximum 20 years', imprisonment. Before defendants pled guilty they entered into a bargain which is described as follows by the government at p. 3 of its brief:

"Basically, the Government agreed to dismiss Counts II and III...

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