Court of Appeals for the Fifth Circuit August 3, 1981, Nos. 80-7100, 80-7238 (United States v. Bobo)

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United States · · · 03-08-1981

PER CURIAM:

The district court correctly denied appellant’s motion to vacate sentence, 28 U.S.C. § 2255. Appellant was tried and convicted under the same indictment involved in U. S. v. Kennington, 650 F.2d 544 (1981), and the decision in that case controls this case.

As in Kennington, the district court must amend the sentence to delete the special parole term imposed under 21 U.S.C. § 846.

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