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UNITED STATES v. THERIAULT

No. 76-3023.

555 F.2d 460 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Harry William THERIAULT, a/k/a Shiloh Bishop of Tellus, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 5, 1977.

Attorney(s) appearing for the Case

Clarence Moyers, Atty., Bisbee, Ariz. (Court-appointed), for defendant-appellant.

John E. Clark, U. S. Atty., San Antonio, Tex., Michael T. Milligan, Asst. U. S. Atty., El Paso, Tex., LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before COLEMAN, Circuit Judge, KUNZIG, Associate Judge, and GEE, Circuit Judge.

PER CURIAM:

Appellant alleges error in the sentencing orders of the District Court. In response to a remand, United States v. Theriault, 5 Cir. 1976, 531 F.2d 281, reh. den., 534 F.2d 1407, the District Court conducted a resentencing hearing and then imposed a term of ten years imprisonment on count 1 and three years on count 2. The Judge also stated:

Sentence on count two is to run consecutive to the sentence...

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