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UNITED STATES v. FONSECA

No. 73-2875.

497 F.2d 1384 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Robert FONSECA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 9, 1974.

Attorney(s) appearing for the Case

Joseph A. Calamia, John L. Fashing, El Paso, Tex., for defendant-appellant.

William Sessions, U. S. Atty., San Antonio, Tex., Edward S. Marquez, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before COLEMAN, AINSWORTH and GEE, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Prior opinion 490 F.2d 464.)

PER CURIAM:

In view of the Supreme Court's recent decision in Dorsynski v. United States, ___ U.S. ___, 94 S.Ct. 3042, 40 L.Ed.2d ___ (1974) relative to the sentencing requirements to be met by the district court under subsection 5010(d) of the Federal Youth Corrections Act, 18 U.S. C. § 5005, et seq., petitioner Fonseca...

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