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UNITED STATES v. YATES

No. 76-3986 Summary Calendar.

553 F.2d 502 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Robert YATES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 6, 1977.

Attorney(s) appearing for the Case

Norman D. Zimmerman, Pompano Beach, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Stephen M. Pave, Asst. U. S. Atty., Miami, Fla., Richard L. Thornburgh, Asst. Atty. Gen., George W. Calhoun, Patrick J. Glynn, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

GEE, Circuit Judge:

Convicted on the strength of his plea of guilty to distributing marijuana, one count of a four-count indictment, Robert Yates was found to be a youth offender and sentenced under the Youth Corrections Act, 18 U.S.C.A. § 5010(b) (Supp. 1977). Shortly after his commitment, on August 27, 1976, he was given an initial parole hearing; parole was denied and his case was continued until a review hearing scheduled for February of 1978. His timely...

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