UNITED STATES v. WILLIAMS

No. 80-1779.

651 F.2d 644 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Rufus WILLIAMS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1981.

Rehearing Denied September 8, 1981.


Attorney(s) appearing for the Case

David P. Curnow, McWilliams, Amos & Curnow, San Diego, Cal., for defendant-appellant.

Bruce R. Castetter, Asst. U. S. Atty., argued, M. James Lorenz, U.S. Atty., Stephen W. Peterson, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before PREGERSON and REINHARDT, Circuit Judges and HARDY, District Judge.


ORDER

The opinion filed on June 26, 1981 is withdrawn and the judgment is vacated. Judgment is hereby re-entered in accordance with the opinion filed this date.

PREGERSON, Circuit Judge:

Pursuant to Fed.R.Crim.P. 35, Williams moved the district court to modify his sentence imposed after retrial following his earlier successful appeal. Williams contended that his second sentence was harsher than the original...

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