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UNITED STATES v. HALEY

No. 72-1766.

478 F.2d 766 (1973)

UNITED STATES of America, Appellee, v. Dale Ray HALEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 11, 1973.

Attorney(s) appearing for the Case

Samuel Boyer, Jr., Omaha, Neb., for appellant.

Thorwald Anderson, Asst. U. S. Atty., Minneapolis, Minn., for appellee.

Before LAY and STEPHENSON, Circuit Judges, and TALBOT SMITH, District Judge.

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. United States v. Haley, 452 F.2d 391

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