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UNITED STATES v. NOLAND

No. 73-3786.

495 F.2d 529 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Scott Allen NOLAND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 10, 1974.

Attorney(s) appearing for the Case

Hugh S. Lowe, Austin, Tex. (Court-appointed), for defendant-appellant.

William S. Sessions, U. S. Atty., Joel D. Conant, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Convicted on two drug counts carrying a maximum penalty of five years each, Scott Allen Noland was given enhanced concurrent sentences of ten years on each count by reason of a prior drug felony conviction. Noland appeals the enhanced portion of his sentence on the sole ground that the United States attorney filed with the District Court an information for enhancement one day after sentencing, rather than prior to trial as required by 21 U.S...

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