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UNITED STATES v. HARBOLT

No. 71-2660 Summary Calendar.

455 F.2d 970 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Don Victor HARBOLT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 2, 1972.

Attorney(s) appearing for the Case

Rodney D. Moore, Dallas, Tex. (Court appointed), for defendant-appellant.

Eldon B. Mahon, U. S. Atty., Charles D. Cabaniss, Cecil Emerson, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

This is an appeal from the orders of the district court denying Harbolt's motions for reduction and modification of sentences. He complains that the district court abused its discretion by taking action without first securing updated information concerning him, without holding a formal hearing on the motions, and by not resentencing him under 18 U.S.C.A. 4208(b) so that a study could have been made of him under...

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