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UNITED STATES v. CABBELL

No. 81-1443.

662 F.2d 477 (1981)

UNITED STATES of America, Appellee, v. Edward CABBELL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 27, 1981.

Attorney(s) appearing for the Case

James H. Reynolds, U. S. Atty., Cedar Rapids, Iowa, for appellee.

Gail N. Gaus, Clayton, Mo., for appellant.

Before BRIGHT, HENLEY and ARNOLD, Circuit Judges.

PER CURIAM.

Edward Cabbell appeals from a resentencing by the District Court which he claims is at odds with this Court's decision in his prior appeal. See Cabbell v. United States, 636 F.2d 246 (8th Cir. 1980) (hereinafter Cabbell I). In Cabbell I we reversed the District Court's denial of a motion to vacate defendant's sentences as illegal under Fed.R.Crim.P. 35. The cause was remanded to the District Court...

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