UNITED STATES v. HOWARD

No. 77-5407.

577 F.2d 269 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert A. HOWARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 27, 1978.


Attorney(s) appearing for the Case

Ralph W. Brewer, Baton Rouge, La., for defendant-appellant.

John P. Volz, U. S. Atty., Mary Williams Cazalas, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.


ON PETITION FOR REHEARING

PER CURIAM:

In his petition for rehearing the defendant points out that he raised, and that we did not rule on, a constitutional attack on a well-established statute. He complains that suspended imposition of sentence, authorized by 18 U.S.C. § 3651 (1970) when an offender is placed on probation, violated his right to speedy trial. The argument is facially plausible. The constitutionally guaranteed right to speedy trial applies...

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