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McRAE v. UNITED STATES

No. 76-1206.

540 F.2d 943 (1976)

Garth McRAE, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1976.

Attorney(s) appearing for the Case

Frederick B. Polak, U. S. Dept. of Justice, Washington, D.C., for appellant; Robert G. Renner, U. S. Atty., D. Minnesota, Minneapolis, Minn., on brief.

William J. Mauzy, Minneapolis, Minn., for appellee.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.

ROSS, Circuit Judge.

This is an appeal by the United States from an order of the district court granting relief to Garth McRae under 28 U.S.C. § 2255. McRae's action is based on the premise that at the time of his plea and sentences he had not been properly advised of the existence of a "special parole term" mandatorily imposed under 21 U.S.C. § 841(b)(1)(A) for drug offenses. The special parole term has been held to be a "consequence of the guilty plea...

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