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UNITED STATES v. DEATON

No. 72-3666 Summary Calendar.

477 F.2d 65 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James Delmore DEATON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 11, 1973.

Attorney(s) appearing for the Case

Maynard E. Cush, Shreveport, La. (Court-Appointed), for defendant-appellant.

Donald E. Walter, U. S. Atty., Shreveport, La., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

On direct appeal, this court affirmed Deaton's conviction for violation of 18 U.S.C. § 1072, but finding separate consecutive sentences on each count of the indictment to be multiplicitous, we remanded for resentencing. United States v. Deaton, 468 F.2d 541 (5th Cir. 1972). The appellant has now been resentenced to a single term of three years.

Deaton contends that the imposition of this sentence was improper...

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