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UNITED STATES v. DENSON

Nos. 78-2102, 78-2508.

603 F.2d 1143 (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.

October 4, 1979.

Attorney(s) appearing for the Case

Mary L. Sinderson, Asst. U.S. Atty., Houston, Tex., Brian K. Landsberg, Dept. of Justice, Dennis J. Dimsey, Appellate Sec., Drew S. Days, III, John E. Huerta, Civil Rights Div., Washington, D.C., for plaintiff-appellant.

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., for Nat'l Assn. of Criminal Defense Lawyers, Inc., amici curiae.

Before BROWN, Chief Judge, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, and KRAVITCH, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A writ of mandamus is sought by the government to correct an allegedly illegal sentence for a criminal offense. The defendants were convicted on two counts, one of which prescribes "imprisonment for any term of years or for life." The trial judge imposed a ten year sentence on this count, suspended its execution and placed the defendants on probation. A panel of this court concluded that the trial court exceeded its authority in suspending...

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