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UNITED STATES v. WHITE

No. 76-1152.

540 F.2d 409 (1976)

UNITED STATES, Appellant, v. Robert O. WHITE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1976.

Attorney(s) appearing for the Case

Glenda G. Gordon, Dept. of Justice, Special Litigation Section, Crim. Div., Washington, D. C., for appellant; George W. Calhoun, Robert E. Johnson, U. S. Attys., Fort Smith, Ark., and Richard L. Thornburgh, Asst. Atty. Gen., Washington, D. C., on brief.

Robert K. Scott, Little Rock, Ark., for appellee.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.

BRIGHT, Circuit Judge.

In a § 2255 proceeding, the district court undertook to modify an eight-year prison sentence imposed upon appellee Robert O. White, said modification being made under the authority of our opinion in Kortness v. United States, 514 F.2d 167 (8th Cir. 1975). The Government in this appeal asserts that the sentencing court did not have the authority or jurisdiction to modify White's sentence. For reasons...

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