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UNITED STATES v. McCALL

No. 73-1513 Summary Calendar.

482 F.2d 936 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin McCALL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 7, 1973.

Attorney(s) appearing for the Case

Theodore J. Sakowitz, Asst. Federal Public Defender, Miami, Fla. (Court-appointed, not under Act), for defendant-appellant.

Robert W. Rust, U. S. Atty., Jerome B. Ullman, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

The district court's order denying appellant McCall's post-sentence motion for commitment for treatment under the Narcotic Addict Rehabilitation Act, 18 U.S.C. § 4251 et seq., was correct. Appellant had two prior felony convictions in Florida for possession of cocaine, in violation of 398.03 Florida Statutes, and for carrying a concealed weapon, in violation of 790.01 Florida Statutes, and thus was ineligible under 18 U.S.C. § 4251(f) (4) for...

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