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UNITED STATES v. HERROLD

No. 80-1908.

635 F.2d 213 (1980)

UNITED STATES of America, Appellee, v. HERROLD, Gene Alan, Amended to Gene Allen Herrold, Gene Allen Herrold, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 12, 1980.

Attorney(s) appearing for the Case

Linus E. Fenicle, Ernico & Fenicle, P. C., Harrisburg, Pa., for appellant.

Barbara Lee Kosik, Asst. U. S. Atty., Carlon M. O'Malley, Jr., U. S. Atty., Scranton, Pa., for appellee.

Before HUNTER and WEIS, Circuit Judges, and CAHN, District Judge.

Submitted Under Third Circuit Rule 12(6) October 17, 1980.

OPINION OF THE COURT

PER CURIAM:

Appellant, Gene Allen Herrold, pled guilty to two counts of armed bank robbery, 18 U.S.C. § 2113(a) and (d) (1976), but then attempted to withdraw his plea. He now appeals from the trial court's denial of his motion to withdraw and claims that the court's failure to instruct him accurately on the maximum sentence he might receive invalidated his original...

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