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UNITED STATES v. JOHNSON

No. 78-2232 Summary Calendar.

582 F.2d 335 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Ray JOHNSON, a/k/a James Evans, a/k/a Michael Lee Charles, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 13, 1978.

Attorney(s) appearing for the Case

P. Bruce Kirwan, Federal Public Defender, J. Richard Young, Asst. Federal Public Defender, Atlanta, Ga., for defendant-appellant.

William L. Harper, U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

PER CURIAM:

In this case, the defendant contends that the government broke its plea bargain not to make a sentence recommendation when it opposed the defendant's Rule 35, F.R.Crim.Proc.,1 reduction of sentence motion.

Since we are without power to entertain this appeal if the motion for reduction of sentence was not filed within 120 days, United States v. Mehrtens, 494 F.2d 1172, 1175, n...

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