WILMORE v. UNITED STATES

Nos. 77-1115, 77-1116.

565 F.2d 269 (1977)

Melvina WILMORE and Brenda Mae Thomas, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 10, 1977.


Attorney(s) appearing for the Case

Wilfred J. Ritz, Director, Alderson Legal Assistance Program, Washington and Lee School of Law, Lexington, Va., for appellants.

James W. Garvin, Jr., U. S. Atty. by John H. McDonald, Asst. U. S. Atty., Wilmington, Del., for appellee.

Before GIBBONS and WEIS, Circuit Judges, and MEANOR, District Judge.


OPINION OF THE COURT

MEANOR, District Judge.

This is an appeal from the refusal of the district court to honor appellants' motions to vacate their sentences for violation of 18 U.S.C. § 371, which were imposed pursuant to the Narcotic Addict Rehabilitation Act (NARA), 18 U.S.C. § 4251 et seq. The issue concerns the propriety of imposing a NARA sentence in the absence of the defendant following receipt of a NARA study report which recommends...

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