MARSHALL v. UNITED STATES

No. 76-2032.

576 F.2d 160 (1978)

Robert J. MARSHALL, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 5, 1978.


Attorney(s) appearing for the Case

Lawrence J. Semenza (argued), Las Vegas, Nev., for respondent-appellant.

William P. Daley (argued), Oakland, Cal., for petitioner-appellee.

Before HUFSTEDLER and KILKENNY, Circuit Judges, and GRANT, District Judge.


Rehearing and Rehearing En Banc Denied June 5, 1978.

GRANT, District Judge.

The appellee to this proceeding, Robert Marshall, is a federal prisoner incarcerated at the McNeil Federal Penitentiary in Steilacoom, Washington. He has challenged his sentencing, pursuant to the Dangerous Special Offenders Sentencing Statute, 18 U.S.C. § 3575, et seq., on both statutory and constitutional grounds. On February 5, 1976, the district court granted his motion...

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