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UNITED STATES v. NORTON

Nos. 76-1873, 76-3306 Summary Calendar.

539 F.2d 1082 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Johnny Lee Roy NORTON, Defendant-Appellee. In re UNITED STATES of America, Petitioner.

United States Court of Appeals, Fifth Circuit.

October 4, 1976.

Attorney(s) appearing for the Case

John W. Stokes, Jr., U. S. Atty., Richard A. Horder, Asst. U. S. Atty., Atlanta, Ga., Marc Philip Richman, Atty., Appellate Section, Crim. Div., T. George Gilinksy, Jerome M. Feit, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

J. Hue Henry, Federal Public Defender Program, (Court-appointed in D. C.), Athens, Ga., Newell Edenfield (U. S. Dist. Court Judge), Atlanta, Ga., for defendant-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

PER CURIAM:

The United States petitions this court for a writ of mandamus [No. 76-3306] directing the district court to (1) vacate its order of February 10, 1976 directing a parole hearing, and (2) vacate its order of March 15, 1976 reducing sentence of appellee Johnny Lee Roy Norton to time served. Alternatively, the Government appeals from these orders [No. 76-1873]. Inasmuch as the district court was without authority...

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