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UNITED STATES v. EASLEY

No. 73-774 RFP (SJ).

387 F.Supp. 143 (1974)

UNITED STATES of America, Plaintiff, v. Bennie Lewis EASLEY, Jr., and Tommy Lee Warner, Jr., Defendants.

United States District Court, N. D. California.

September 18, 1974.

Attorney(s) appearing for the Case

Asst. U. S. Atty., Robert E. Carey, Jr., San Francisco, Cal., for plaintiff.

Ralph J. Steinberg, Berns & Steinberg, San Jose, Cal., for defendants.

OPINION

PECKHAM, District Judge.

Warner asks the court to modify his sentence by declaring the offense of which he was convicted to be a misdemeanor. The defendant pled guilty on 8 April 1974 to second degree burglary under the Assimilative Crimes Act, 18 U.S.C. § 13, which incorporates Cal. Penal Code § 459, and was sentenced to three years probation.

Cal. Penal Code § 17 provides in part that

[w]hen a crime is punishable...

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