Legal Opinion
McClain v. United States
District Court, S.D. New York
Decided November 23, 1981No. 79 Civ. 2438PublishedCited by 2 opinions
1Opinion of the Court
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 penalty 25 years and/or $10,000 fine. Subsequently another charge was added: the commission of a felony while armed, 18 U.S.C. § 924(c)(1) maximum penalty not less than 1 year nor more than 10…
2Cases cited19 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Williams v. New YorkSupreme Court of the United States · 1949
- United States v. DiFrancescoSupreme Court of the United States · 1980
- Bozza v. United StatesSupreme Court of the United States · 1947
- Busic v. United StatesSupreme Court of the United States · 1980
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3Cited by2 opinions
- Shabazz v. CommonwealthMassachusetts Supreme Judicial Court · 1982
- United States v. OchsDistrict Court, S.D. New York · 1982