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UNITED STATES v. PRATT

No. 80-2083.

657 F.2d 218 (1981)

UNITED STATES of America, Appellee, v. Mark Christopher PRATT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1981.

Attorney(s) appearing for the Case

William J. Mauzy, Minneapolis, Minn., for appellant.

Thomas K. Berg, U. S. Atty., Ann D. Montgomery, Asst. U. S. Atty., District of Minnesota, Minneapolis, Minn., for appellee.

Ralph Ascher, Legal Intern.

Before HENLEY and ARNOLD, Circuit Judges, and FILIPPINE, District Judge.

ARNOLD, Circuit Judge.

Mark Christopher Pratt pleaded guilty to two counts of distributing phencyclidine (PCP) and was sentenced to two consecutive terms of imprisonment for five years. The sentence included, in addition, two consecutive two-year special parole terms and a total fine of $30,000, with the provision that defendant would stand committed if he did not pay the fine. Pratt then moved under Fed.R.Crim.P. 35 to set the sentence aside, claiming that it had...

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