UNITED STATES v. RICE

No. 81-7250.

671 F.2d 455 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Sherman Lee RICE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 26, 1982.


Attorney(s) appearing for the Case

Corretti & Newsom, Samuel Maples (Court-appointed), Birmingham, Ala., for defendant-appellant.

G. Douglas Jones, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before TJOFLAT, HILL and ANDERSON, Circuit Judges.


TJOFLAT, Circuit Judge:

Sherman Lee Rice appeals the revocation of his probation and the reinstatement of his original sentence of incarceration. We affirm the revocation of probation. Finding that the district court premised its reinstatement of sentence on a misapprehension of law, we remand for resentencing.

I.

On April 13, 1978, Sherman Lee Rice (appellant) pleaded guilty to unlawful possession of a...

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