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UNITED STATES v. DENSON

Nos. 78-2102, 78-2508.

588 F.2d 1112 (1979)

UNITED STATES of America, Plaintiff-Appellant. v. Terry Wayne DENSON, Stephen Orlando and Joseph James Janish, Defendants-Appellees. In re UNITED STATES of America, Petitioner.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted March 30, 1979.

Attorney(s) appearing for the Case

Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., Joel L. Selig, Dept. of Justice, Washington, D.C., for U. S. in 78-2102.

Robert C. Bennett, Houston, Tex., for Denson.

Michael Ramsey, Houston, Tex., for Orlando.

Michael A. Andrews, Houston, Tex., for Janish.

E. W. Barnett, B. J. Bradshaw, Leroy Jeffers, Houston, Tex., Tom Mills, Jr., Dallas, Tex., amicus curiae, for Nat'l Assn. of Criminal Defense Lawyers, Inc.

J. A. Canales, U. S. Atty., Houston, Tex., Dennis J. Dimsey, Drew S. Days, Asst. Atty. Gen., Civil Rights Div., John E. Huerta, Brian K. Landsberg, Dept. of Justice, Washington, D.C., for U. S. in both cases.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.

Rehearing En Banc Granted March 30, 1979.

JAMES C. HILL, Circuit Judge:

In No. 78-2508 the Government petitions for a writ of mandamus ordering the District Court to correct allegedly illegal sentences entered in this action on May 19, 1978. In No. 78-2102 the Government has filed a notice of appeal in an effort to challenge the same allegedly illegal sentences through the alternative procedure of a direct appeal. The substantive issue presented is...

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