UNITED STATES v. DIOGENES

No. 79-1807.

638 F.2d 125 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Victor P. DIOGENES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 2, 1981.


Attorney(s) appearing for the Case

Stuart I. Teicher, Portland, Or., for defendant-appellant.

William M. Youngman, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before SNEED and NELSON, Circuit Judges, and GRAY, District Judge.


NELSON, Circuit Judge:

The opinion of August 7, 1980, is hereby withdrawn and the following is substituted.

Appellant pleaded guilty to one count of bank robbery by force, violence, and intimidation, 18 U.S.C. § 2113(a) (1976), and to one count of carrying a firearm during the commission of a felony, 18 U.S.C. § 924(c)(2) (1976). Section 2113 deals specifically with the felony of bank robbery, while section 924(c) provides for enhanced sentencing...

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