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UNITED STATES v. KENNINGTON

No. 80-7521 Summary Calendar.

650 F.2d 544 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Robert W. KENNINGTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

June 15, 1981.

Attorney(s) appearing for the Case

Robert W. Kennington, pro se.

Harold P. Knight (Court-appointed), Birmingham, Ala., for defendant-appellant.

J. R. Brooks, U.S. Atty., Bill L. Barnett, Holly Wiseman, Asst. U.S. Attys., Birmingham, Ala., for plaintiff-appellee.

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

PER CURIAM:

Appellant Robert W. Kennington, upon conviction of conspiracy to violate 21 U.S.C. § 841(a)(1), received a sentence of ten years.1 After this court affirmed the conviction, appellant filed in district court a motion to correct an illegal sentence pursuant to Fed.R.Crim.P. 35, alleging that the trial court erroneously sentenced him under 21 U.S.C. § 846 (which provides for a maximum sentence of fifteen years), although...

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