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UNITED STATES v. VALE

No. 73-3682.

496 F.2d 365 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel Franklin VALE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 1974.

Attorney(s) appearing for the Case

Ralph L. Alexander, Edinburg, Tex., Roberto Yzaguirre, McAllen, Tex., Homero M. Lopez, Brownsville, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

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

RONEY, Circuit Judge:

This appeal involves an alleged broken plea bargain in which Samuel Franklin Vale received a maximum ten year sentence for violating the Marijuana Tax Act, 26 U.S.C.A. § 4744(a)(2), instead of a hoped for five year sentence. Vale alleges that the assistant United States attorney failed to fulfill the plea bargain by not recommending to the District Court that Vale receive only a five year sentence to run concurrently with a five year sentence...

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