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UNITED STATES v. STALNAKER

No. 75-2317.

544 F.2d 725 (1976)

UNITED STATES of America, Appellee, v. Robert A. STALNAKER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 3, 1976.

Attorney(s) appearing for the Case

P. Michael Pleska, Charleston, W.Va. [Court-appointed] (Richlin Brown, Bowles, Kauffelt, McDavid & Graff, Charleston, W.Va., on brief), for appellant.

John A. Field, III, U. S. Atty., Charleston, W.Va. (Wayne A. Rich, Jr., Robert B. Allen, Asst. U. S. Atty., Charleston, W.Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

Robert A. Stalnaker pleaded guilty to two counts of an indictment charging him with selling heroin, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. His appeal raises only a question about the validity of the sentence imposed by the district court. It denied Stalnaker's motion for special sentencing under the provisions of the Narcotic Addict Rehabilitation Act, 18 U.S.C. §§ 4251 et seq. (NARA), and sentenced...

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