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UNITED STATES v. OLIVAS

No. 76-1444.

558 F.2d 1366 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Agapito OLIVAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 22, 1977.

Certiorari Denied October 3, 1977.

Attorney(s) appearing for the Case

Don J. Svet, Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., C. Richard Baker, Asst. U. S. Atty., Albuquerque, N. M., with him on the briefs), for plaintiff-appellee.

Jerry C. Connell, Lakewood, Colo. (Bohm, Connell & McLellan, Lakewood, Colo., with him on the briefs), for defendant-appellant.

Before LEWIS, Chief Judge, and BREITENSTEIN and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Defendant-appellant was indicted for, and found guilty by a jury of, four narcotics offenses arising out of two separate transactions. The sentence on each count imposed a seven-year term plus a three year special parole with the sentences to run concurrently. We affirm the convictions and remand the case for resentencing.

The transactions occurred on May 16, and June 2, 1975. Defendant was indicted on June 24, arrested in California...

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