UNITED STATES v. FLORES

No. 79-2936 Summary Calendar.

616 F.2d 840 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Juan A. FLORES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 8, 1980.


Attorney(s) appearing for the Case

David J. Gottlieb, University of Kansas School of Law, Lawrence, Kan., for Kansas Defender Project, amicus curiae.

J. A. Canales, U. S. Atty., John M. Potter, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GODBOLD, REAVLEY and ANDERSON, Circuit Judges.


GODBOLD, Circuit Judge.

Flores was convicted of a drug offense and on February 12, 1976, was sentenced to three concurrent ten-year sentences with five years special parole. Later he pleaded guilty to another drug offense and on December 13, 1976, was sentenced to ten years in prison but with five years special parole "to run concurrently with the sentence imposed in [the first case]."

The sentences could not be concurrent in the sense of having the same starting...

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