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UNITED STATES v. BOBO

Nos. 80-7100, 80-7238 Summary Calendar.

652 F.2d 453 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Augustus Charles BOBO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

August 3, 1981.

Attorney(s) appearing for the Case

Augustus Charles Bobo, pro se.

Bill L. Barnett, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.

PER CURIAM:

The district court correctly denied appellant's motion to vacate sentence, 28 U.S.C. § 2255. Appellant was tried and convicted under the same indictment involved in U. S. v. Kennington, 650 F.2d 544 (1981), and the decision in that case controls this case.

As in Kennington, the district court must amend the sentence to delete the special parole term imposed under 21 U.S.C. § 846. Bifulco...

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