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UNITED STATES v. SOLLY

No. 75-2236.

559 F.2d 230 (1977)

UNITED STATES of America v. Edward Elmer SOLLY, Charles Joseph Smith, James Carl Bates. Appeal of Charles J. SMITH.

United States Court of Appeals, Third Circuit.

Decided July 6, 1977.

Attorney(s) appearing for the Case

Charles J. Smith, pro se.

Judith M. Mears, Supervising Atty., Yale Legal Services Organization, New Haven, Conn., for appellant, Charles J. Smith; Joseph S. Genova, Yale Law School, on brief.

Jonathan L. Goldstein, U. S. Atty., Maryanne T. Desmond, John J. Barry, Asst. U. S. Attys., Newark, N. J., for appellee, United States of America.

Before SEITZ, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.

Resubmitted under Third Circuit Rule 12(6) June 17, 1977.

OPINION OF THE COURT

SEITZ, Chief Judge.

Appellant, Charles J. Smith, was sentenced to a term of nine months to four years pursuant to 18 U.S.C. § 4208(a)(1)1 on April 17, 1975. Smith timely filed a Rule 35 Motion for Reduction of Sentence in which he contended that the district court's sentencing expectations were frustrated by a misconception concerning...

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