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UNITED STATES v. HORTON

No. 73-1629.

488 F.2d 1086 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Frank HORTON, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

December 18, 1973.

Attorney(s) appearing for the Case

Justin C. Cordonnier, St. Louis, Mo., for appellant.

Donald J. Stohr, U. S. Atty., and Terry I. Adelman, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before BRIGHT and STEPHENSON, Circuit Judges, and STUART, District Judge.

PER CURIAM.

Frank Horton, Jr., appeals the denial of his F.R.Crim.P. 35 motion for reduction of sentence. Upon pleading guilty to one count of violating the Dyer Act, 18 U.S.C. § 2313, appellant was sentenced to five years imprisonment, the maximum permissible under the Act. He now urges that the imposition of this sentence was an abuse of the trial court's discretion under our decision in Woosley v. United States, 478 F.2d 139

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