UNITED STATES v. CAVAZOS

No. 75-4066.

530 F.2d 4 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Sandoval CAVAZOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 1976.


Attorney(s) appearing for the Case

James L. M. Miller, San Antonio, Tex., for defendant-appellant.

John Clark, U.S. Atty., W. Ray Jahn, Robert S. Bennett, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before DYER and CLARK, Circuit Judges, and KRAFT, District Judge.


DYER, Circuit Judge:

Cavazos complains of the sentence imposed upon him based upon irrelevant extraneous hearsay data. We vacate and remand for resentencing.

Cavazos pled guilty to possession with intent to distribute approximately 10 ounces of heroin in violation of 21 U.S.C.A. § 841(a)(1). At the time of sentence the court was informed that Cavazos had never before been involved in criminal activity and had no prior record. In response the court drew...

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