UNITED STATES v. VELAZCO-HERNANDEZ

No. 77-2924.

565 F.2d 583 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Melquiades VELAZCO-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 30, 1977.


Attorney(s) appearing for the Case

Joseph Milchen, of McInerney, Milchen & Frank, San Diego, Cal., for defendant-appellant.

Howard B. Matloff, Asst. U.S. Atty., on the brief, Terry J. Knoepp, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before ELY, WRIGHT and CHOY, Circuit Judges.


PER CURIAM:

Velazco-Hernandez appeals from a district court order denying his motion to correct an allegedly illegal sentence. We affirm.

On July 11, 1977, appellant pleaded guilty to a charge of smuggling merchandise into the United States in violation of 18 U.S.C. § 545. The district court sentenced him orally as follows:

It is adjudged that the defendant be committed to the custody of the Attorney General for imprisonment for a term of three...

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