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U.S. v. CATALDO

No. 86-3826.

832 F.2d 869 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Michael CATALDO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 9, 1987.

Attorney(s) appearing for the Case

Edward J. Castaing, Jr., New Orleans, La. (Court-appointed), for defendant-appellant.

Howat A. Peters, Jr., Asst. U.S. Atty., John P. Volz, U.S. Atty., Peter G. Strasser, Asst. U.S. Atty., Dept. of Justice, New Orleans, La., for plaintiff-appellee.

Before THORNBERRY, GARWOOD and HIGGINBOTHAM, Circuit Judges.

GARWOOD, Circuit Judge:

Appellant Michael Cataldo (Cataldo) was convicted on three counts for bank robbery-related crimes. He brought a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255, arguing that his ten-year consecutive sentences under two of the counts violated the double jeopardy clause and that the proper remedy under United States v. Henry, 709 F.2d 298 (5th Cir.1983) (en banc)...

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