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UNITED STATES v. MIDDLEBROOKS

No. 79-5191.

624 F.2d 36 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. David Leslie MIDDLEBROOKS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 14, 1980.

Attorney(s) appearing for the Case

Paul G. Komarek, Lynn Haven, Fla. (court-appointed), for defendant-appellant.

Donald S. Modesitt, Asst. U.S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before AINSWORTH and HENDERSON, Circuit Judges, and HUNTER, District Judge.

ON PETITION FOR REHEARING

PER CURIAM:

In United States v. Middlebrooks, 618 F.2d 273 (5th Cir., 1980), we rejected the appellant's argument that the trial court erred in imposing a three-year special parole term pursuant to 21 U.S.C.A. § 846. In doing so, we relied upon authority, Cantu v. United States, 598 F.2d 471 (5th Cir. 1979), which appeared to dispose of the appellant...

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