McCLAIN v. UNITED STATES

No. 757, Docket 81-1438.

676 F.2d 915 (1982)

Marvin McCLAIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 14, 1982.


Attorney(s) appearing for the Case

Phylis Skloot Bamberger, The Legal Aid Society Federal Defender Services Unit, New York City, for appellant.

Benito Romano, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty., S. D. N. Y., Mark F. Pomerantz, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before OAKES, TIMBERS and WINTER, Circuit Judges.


OAKES, Circuit Judge:

In October 1975 appellant McClain pleaded guilty to bank robbery, 18 U.S.C. § 2113(a) and (d), and to using a firearm during the commission of a felony, 18 U.S.C. § 924(c). Judge Irving Ben Cooper of the United States District Court for the Southern District of New York sentenced appellant to a "package" of twenty-five years: fifteen years on the bank robbery counts, which were merged for sentencing, and ten years on the firearm count...

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