Legal Opinion

United States v. Tommy Lee Whitley

Court of Appeals for the Fourth Circuit

Decided March 29, 1985No. 83-5093PublishedCited by 45 opinions

1Opinion of the Court

BUTZNER, Senior Circuit Judge:

Tommy Lee Whitley appeals the judgment sentencing him to 50 years imprisonment entered upon his conviction for bank robbery, 18 U.S.C. § 2113(a), (b), (d), and (e).1 Whitley contends that his sentence improperly exceeded a 20-year sentence imposed after an earlier plea-bargained conviction under § 2113(d) that he successfully attacked on appeal.

The critical question raised by Whitley’s assignment of error is whether § 2113 creates a single offense with different penalties for aggravating circumstances as set forth in each subsection. If the statute defines a…

2Cases cited19 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Santobello v. New YorkSupreme Court of the United States · 1971
  3. Blackledge v. PerrySupreme Court of the United States · 1974
  4. Prince v. United StatesSupreme Court of the United States · 1957
  5. Wasman v. United StatesSupreme Court of the United States · 1984

14 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. United States v. Edgar Sterling LemasterCourt of Appeals for the Fourth Circuit · 2005
  2. United States v. Gavin Roderick White, A/K/A Joe WhiteCourt of Appeals for the Fourth Circuit · 2004
  3. United States v. Bert Lancaster, United States of America v. Derrick VanlieropCourt of Appeals for the Fourth Circuit · 1996
  4. United States v. Sidney J. Dickler, Richard R. Petrucci. Sidney J. Dickler, in No. 94-3517. Richard R. Petrucci, in No. 94-3518Court of Appeals for the Third Circuit · 1995
  5. Gary James Taylor v. Lawrence KincheloeCourt of Appeals for the Ninth Circuit · 1990

40 more not listed; retrieve them via the Exa API.

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