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UNITED STATES v. CONNOLLY

No. 78-3075.

618 F.2d 553 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John James CONNOLLY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 8, 1980.

Attorney(s) appearing for the Case

Karen R. Smith, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Nancy Wieben Stock, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, MERRILL and TANG, Circuit Judges.

BARNES, Senior Circuit Judge:

I. Factual Background Prior to June 1st, 1979.

Appellant was convicted in 1972 in the District Court of the Central District of California on two counts of the possession of cocaine (a controlled substance), with intent to distribute, in violation of 21 U.S.C. § 841(a)(1).1 At the bench trial, appellant was sentenced to two concurrent five year terms, but was not given a mandatory special...

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