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UNITED STATES v. CAIN

No. 82-1064X.

685 F.2d 326 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Edward CAIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1982.

Attorney(s) appearing for the Case

Edward P. Moffat, Fresno, Cal., for defendant-appellant.

Phillip S. Cronin, Asst. U. S. Atty., Fresno, Cal., for plaintiff-appellee.

Before CHAMBERS and WALLACE, Circuit Judges, and JAMESON, District Judge.

Appellant pleaded guilty to bank robbery (18 U.S.C. § 2113(a)) and was thereafter the subject of a thorough psychiatric review prior to sentencing. The district judge offered him the option of a voluntary commitment to a state mental institution, but appellant flatly refused the offer. He was then sentenced to ten years under 18 U.S.C. 4205, well within the twenty-year maximum for the offense in question. He argues that the...

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