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UNITED STATES v. ALMAGUER

No. 79-5114.

632 F.2d 1265 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Jose ALMAGUER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 17, 1980.

Attorney(s) appearing for the Case

Tom Mills, Elizabeth Unger Carlyle, Dallas, Tex., for defendant-appellant.

Shirley Baccus-Lobel, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before WISDOM, POLITZ and SAM D. JOHNSON, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

The application for rehearing is granted. Our prior opinion, dated July 3, 1980, and reported at 620 F.2d 557, is recalled and vacated, and the following is substituted:

Jose Almaguer pleaded guilty to distribution of 3.5 ounces of heroin in violation of 21 U.S.C. § 841(a)(1). He was sentenced to fifteen years imprisonment, with...

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