UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JOHN CORTEZ WHITE, DEFENDANT-APPELLANT

5th Cir. | 1971-01-27
No. 29612
436 F.2d 1380 Court of Appeals for the Fifth Circuit (1971) Negative Treatment
Cited by 3 cases

Opinion of the Court
BY THE COURT:

BY THE COURT:

That portion of the order of the United States District Court for the Southern District of Alabama, Northern Division, entered on the 6th day of March, 1970, committing John Cortez White to the custody of the Attorney General of the United States or his authorized representative for imprisonment for a period of twenty-five years for violation of 18 U.S. C.A. § 2113(d) and for a concurrent period of twenty years for violation of 18 U.S.C.A. § 2113(a) is vacated and the cause is remanded to the said court with directions to resentence John Cortez White in accordance with the opinions of this court in Eakes v. United States, 391 F. 2d 287 (1968) and Prince v. United States, 230 F. 2d 568 (5th Cir. 1956), rev. on other grounds, 352 U.S. 322, 77 S.Ct. 403, 1 L.Ed.2d 370 (1957).

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