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U.S. v. BATES

No. 89-2558 (Summary Calendar).

896 F.2d 912 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. David Alan BATES and Rick Lee Archer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 7, 1990.

Attorney(s) appearing for the Case

Carl E. Lewis (Court-appointed), Corpus Christi, Tex., for David Bates.

Richard W. Rogers, III, (Court-appointed), Corpus Christi, for Rick Archer.

Paula C. Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Brett L. Grayson, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

POLITZ, Circuit Judge:

Convicted of aggravated bank robbery, 18 U.S.C. § 2113(a), (d), and (e), David Alan Lee Bates and Rick Lee Archer appeal their sentences. Finding that the district court erroneously sentenced Archer twice for violating section 2113, we vacate one of his sentences, but in all other respects affirm.

Background

Bates and Archer robbed a federally insured bank in Corpus Christi, Texas at gunpoint, escaping with over...

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