Court of Appeals for the Eighth Circuit May 11, 1973, 72-1766 (United States v. Dale Ray Haley)

STEPHENSON, Circuit Judge.

This appeal presents the question of whether a statutory miscitation in the indictment mandates a sentence within the limits of the miscited statute.

Defendant, Dale Ray Haley, was convicted along with others with conspiring to violate the narcotic laws, Title 26 U.S.C. § 4705(a). A 20-year sentence was imposed. His conviction was previously affirmed by this Court.