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UNITED STATES v. SCOTT

No. 74-1338.

502 F.2d 1102 (1974)

UNITED STATES of America, Appellee, v. DeLancy SCOTT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1974.

Attorney(s) appearing for the Case

Stuart Cofman, St. Louis, Mo., for appellant.

Donald J. Stohr, U. S. Atty., Frederick J. Dana, Dist. Counsel, Drug Enforcement Administration, U. S. Dept. of Justice, and Richard K. Coffin, Sp. Atty., U. S. Dept. of Justice, St. Louis, Mo., for appellee.

Before MATTHES, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.

PER CURIAM.

Appellant, DeLancy Scott, was convicted by a jury for the distribution of heroin. 21 U.S.C. § 841(a)(1). That conviction was affirmed by this court in an unpublished opinion filed September 25, 1973.

The trial court's oral sentence given in open court was six years' imprisonment. The written "Judgment and Commitment" was for six years' imprisonment to be followed by the mandatory special parole required...

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