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UNITED STATES v. WHITLEY

No. 83-5093.

759 F.2d 327 (1985)

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

United States Court of Appeals, Fourth Circuit.

Decided March 29, 1985.

Attorney(s) appearing for the Case

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

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

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON and SNEEDEN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Tommy Lee Whitley appeals the judgment sentencing him to 50 years imprisonment entered upon his conviction for bank robbery, 18 U.S.C. § 2113(a), (b), (d), and (e).1 Whitley contends that his sentence improperly exceeded a 20-year sentence imposed after an earlier plea-bargained conviction under § 2113(d) that he successfully attacked on appeal.

The critical question raised by Whitley's...

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