UNITED STATES v. RHODES

No. 78-1568.

591 F.2d 1188 (1979)

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.

Rehearing Denied April 20, 1979.


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 GEWIN, HILL and FAY, Circuit Judges.


PER CURIAM:

Appellants entered pleas of guilty to two counts of a four count indictment dealing with distribution of heroin and illegal possession of a firearm.1 Simmons received sentences totalling eight years incarceration and Rhodes seven years incarceration. Sentences were imposed on February 6, 1978. On February 14, 1978, both appellants moved to withdraw their guilty pleas on the ground that the government violated the plea bargain...

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