UNITED STATES v. RHODES

No. 78-1568 Summary Calendar.

579 F.2d 366 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil James RHODES and John Simmons, a/k/a "Buckeye", Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 1, 1978.


Attorney(s) appearing for the Case

Lloyd S. Marks, Miami, Fla., for defendants-appellants.

Jack V. Eskenazi, U.S. Atty., Barbara D. Schwartz, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.


PER CURIAM:

The appellants tendered pleas of guilty to two counts of a four-count indictment. Simmons was given consecutive sentences totalling eight years' incarceration and Rhodes was given consecutive sentences totalling seven years. Eight days later, February 14, 1978, both appellants moved to withdraw their guilty pleas on the ground that the government violated the plea bargain agreement. The district court denied this motion the next day, February 15. The appellants...

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