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UNITED STATES v. MYERS

No. 76-1826.

543 F.2d 721 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. James Warren MYERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 12, 1976.

Attorney(s) appearing for the Case

Sherman M. Ellison (argued), Los Angeles, Cal., for defendant-appellant.

David Hinden, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee.

Before DUNIWAY and KENNEDY, Circuit Judges, and EAST, District Judge.

DUNIWAY, Circuit Judge:

Myers appeals from an order denying his motion for modification of his sentence, made under F.R.Crim.P. Rule 35. We reverse.

On October 7, 1975, Myers pled guilty to one count charging violation of 21 U.S.C. § 841(a)(1), possession and distribution of a controlled substance, hashish oil. On November 3, 1975, he was sentenced under the provisions of the Youth Corrections Act, 18 U.S.C. § 5010(b), "until discharged . . as provided...

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