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UNITED STATES v. DAVIS

No. 77-1035.

573 F.2d 1177 (1978)

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

United States Court of Appeals, Tenth Circuit.

Decided April 14, 1978.

Rehearing Denied May 5, 1978.

Certiorari Denied May 30, 1978.

Attorney(s) appearing for the Case

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

Kenneth P. Snoke, Asst. U. S. Atty., Tulsa, Okl. (Nathan G. Graham, U. S. Atty., and Hubert H. Bryant, Asst. U. S. Atty., Tulsa, Okl., on brief), for plaintiff-appellee.

Before BARRETT, BREITENSTEIN and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Floyd August Davis (Davis) appeals his resentencing following the order of this court in United States v. Davis, 544 F.2d 1056 (10th Cir. 1976), wherein we remanded with instructions that the District Court vacate Count II and resentence Davis on Counts I and III.

Davis pleaded guilty to a three-count indictment arising out of a robbery of a federally insured bank. Count I charged conspiracy...

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