United States v. Albert Latimer

PHILLIPS, Circuit Judge.

Latimer was found guilty on a trial before the District Judge sitting without a jury. He was convicted on two counts of forcibly resisting and impeding with a deadly weapon FBI agents in the performance of their duties in violation of 18 U.S.C.A. § 111. 1 The District Judge imposed a sentence of seven years on each count, the sentences to run concurrently.

This is a direct appeal from the judgment of conviction. We affirm the conviction, but vacate the sentence and remand to the District Court for resen-tencing.

The Cleveland office of the Federal Bureau of Investigation…