UNITED STATES v. CEVALLOS

No. 77-5746 Summary Calendar.

574 F.2d 854 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse Angel CEVALLOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 8, 1978.


Attorney(s) appearing for the Case

Jesse Angel Cevallos, pro se.

J. A. Canales, U. S. Atty., John M. Potter, George A. Kelt, Jr., James L. Powers, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before RONEY, GEE and FAY, Circuit Judges.


PER CURIAM:

Following his guilty plea to conspiracy to distribute heroin in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, Cevallos was sentenced to an enhanced sentence of 25 years and a special parole term of 6 years.

Prior to entry of the plea the government had filed an information of a previous drug-related conviction. Cevallos did not appeal, but over one year later filed a motion to correct sentence pursuant to F.R.Cr.P. Rule 35, asserting...

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