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UNITED STATES v. MARTIN

No. 79-1053.

611 F.2d 260 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas Eugene MARTIN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 17, 1979.

Attorney(s) appearing for the Case

Malcolm Stuart Segal, Chief Asst. U. S. Atty., Sacramento, Cal., for plaintiff-appellant.

James V. de la Vergne, Sacramento, Cal., for defendant-appellee.

Before PECK, CARTER and TANG, Circuit Judges.

JAMES M. CARTER, Senior Circuit Judge.

Martin was indicted for a violation of 18 U.S.Code, § 1010, entered a guilty plea, and on January 11, 1977 was sentenced to two years imprisonment, all but 45 days of which were suspended in favor of three years probation, and fined $3,000. The 45 days were to be served on "weekends."

On July 7, 1978, after serving the 45 days and when Martin was still serving his probationary...

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