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McCLAIN v. UNITED STATES

No. 79 Civ. 2438.

527 F.Supp. 209 (1981)

Marvin McCLAIN, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S. D. New York.

November 23, 1981.

Attorney(s) appearing for the Case

The Legal Aid Society Federal Defender Services Unit, New York City, for petitioner; Phylis Skloot Bamberger, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City; for respondent; Benito Romano, Asst. U. S. Atty., New York City, of counsel.

OPINION

IRVING BEN COOPER, District Judge.

We undertake the resentencing of this defendant who interposed on October 14, 1975 a guilty plea to three counts based on his participation in an armed bank robbery during the course of which he shot a bank guard. He was indicted for bank robbery, 18 U.S.C. § 2113(a) maximum penalty 20 years and/or $5,000 fine and armed bank robbery, 18 U.S.C. § 2113(d) maximum...

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