White v. United States
| Decision Date | 05 November 1968 |
| Docket Number | No. 25147.,25147. |
| Citation | 402 F.2d 72 |
| Parties | Harold Frank WHITE, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Dominick J. Salfi, Orlando, Fla., for appellant.
Robert B. McGowan, Asst. U. S. Atty., Tampa, Fla., for appellee.
Before TUTTLE, COLEMAN and MORGAN, Circuit Judges.
On this appeal from the conviction and sentence to two concurrent terms of ten years for violation of 18 U.S.C.A. § 2113 (a) and 18 U.S.C.A. § 2113(b), we conclude that the trial court did not err as to any of the grounds asserted.
While it is true that actual time to be served by one convicted of the violations of these two sections cannot be pyramided so as to exceed the maximum provided under the more severe, Prince v. United States, 352 U.S. 322, 77 S.Ct. 403, 1 L.Ed.2d 370, this does not invalidate either of two sentences to be served concurrently if within the maximum. See Williamson v. United States, 5 Cir., 265 F.2d 236. In United States v. Romano, 382 U.S. 136, 86 S.Ct. 279, 15 L.Ed.2d 210, the Supreme Court said:
We have carefully considered each of the other grounds of appeal and find them to be without merit.
The judgment is affirmed.
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United States v. White
...committed during the course of his trial and (2) that the imposition of separate sentences on each count was invalid. In White v. United States, 5 Cir. 1968, 402 F.2d 72, we affirmed the judgment of conviction. After rejecting defendant's allegations of trial errors, we said: "While it is t......
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White v. United States
...to two concurrent terms of 10 years for violation of 18 U.S.C.A. § 2113(a) and 18 U.S.C.A. § 2113(b). Our original opinion appears at 402 F.2d 72. In our earlier opinion we stated that "we conclude that the trial court did not err as to any of the grounds asserted." We then faced the compla......
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Stephen v. United States, Civ. No. 5038.
...long as the total time to be served is within the maximum allowed for the most heinous of the offenses committed. In White v. United States, 402 F.2d 72 (5th Cir. 1968), the Fifth Circuit reaffirmed its earlier views in Heflin, supra, and Williamson v. United States, 265 F.2d 236 (5th Cir. ......