U.S. v. ECKFORD

No. 89-4862.

910 F.2d 216 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Charles L. ECKFORD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 20, 1990.


Attorney(s) appearing for the Case

Falton O. Mason, Jr., Oxford, Miss. (Court-appointed), for defendant-appellant.

John R. Hailman, Asst. U.S. Atty., Robert Q. Whitwell, U.S. Atty., Oxford, Miss., for plaintiff-appellee.

Before THORNBERRY, JOHNSON and SMITH, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 20, 1990.

JOHNSON, Circuit Judge:

Appellant Charles L. Eckford ("Eckford") entered a plea of guilty to a charge of attempted bank robbery. In computing Eckford's sentence under the Sentencing Guidelines, the district court considered two prior municipal court misdemeanor convictions. In both situations, relevant penal code provisions authorized a maximum penalty of not more than six months' imprisonment. Eckford...

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