Marvin McClain v. United States

OAKES, Circuit Judge:

In October 1975 appellant McClain pleaded guilty to bank robbery, 18 U.S.C. § 2113(a) and (d), and to using a firearm during the commission of a felony, 18 U.S.C. § 924(c). Judge Irving Ben Cooper of the United States District Court for the Southern District of New York sentenced appellant to a “package” of twenty-five years: fifteen years on the bank robbery counts, which were merged for sentencing, and ten years on the firearm count which, under the express terms of section 924(c), had to be served consecutively to the fifteen-year sentence. McClain did not appeal, and…