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UNITED STATES v. CEVALLOS

No. 75-1669.

538 F.2d 1122 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse Angel CEVALLOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 17, 1976.

Attorney(s) appearing for the Case

John T. Neal, Barbara L. Oliver, Houston, Tex., for defendant-appellant.

Mary L. Sinderson, Anna Stool, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

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

JOHN R. BROWN, Chief Judge:

Petitioner-appellant Cevallos appeals from the District Court's denial without a hearing of his F.R.Crim.P. 35 motion to correct his sentence, which had been enhanced pursuant to 21 U.S.C.A. § 851. Because the District Court in sentencing petitioner did not comply with the procedural prerequisites of § 851, we vacate petitioner's sentence and remand so that petitioner can be resentenced in full compliance with the enhancement...

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