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JOHNSON v. UNITED STATES

No. 78-3249.

619 F.2d 366 (1980)

David Earl JOHNSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 16, 1980.

Attorney(s) appearing for the Case

W. Dennis Summers, Atlanta, Ga. (Court-appointed), for petitioner-appellant.

Richard Nettum, Asst. U.S. Atty., Macon, Ga., for respondent-appellee.

Before BROWN, HILL and RANDALL, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

David Earl Johnson is no stranger to Federal Court. In January of 1971, Johnson was tried and convicted of bank robbery in violation of 18 U.S.C.A. § 2113(a), assault with a dangerous weapon during a bank robbery in violation of 18 U.S.C.A. § 2113(d), and carrying a firearm unlawfully during the commission of a felony in violation of 18 U.S.C.A. § 924(c)(2). He was sentenced to three concurrent prison terms of 20 years...

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