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UNITED STATES v. WHITLEY

No. 83-5093.

734 F.2d 994 (1984)

UNITED STATES of America, Appellee, v. Tommy Lee WHITLEY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 15, 1984.

Attorney(s) appearing for the Case

Rodney W. Seaford, Charlotte, N.C., for appellant.

Richard S. Poe, Asst. U.S. Atty., Charlotte, N.C. (Charles R. Brewer, U.S. Atty., Asheville, N.C., Kenneth P. Andresen, First Asst. U.S. Atty., Charlotte, N.C., on brief), for appellee.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge.

Tommy Lee Whitley appeals from the judgment entered upon his conviction on a four-count indictment under 18 U.S.C. § 2113(a), (b), (d), and (e) for bank robbery.1 Whitley contends that the sentence imposed by the district court improperly exceeded the sentence imposed upon an earlier plea-bargained conviction that he had successfully attacked on appeal. Whitley...

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