UNITED STATES v. SCOTT

No. 81-1309 Summary Calendar.

688 F.2d 368 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Lee SCOTT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 7, 1982.


Attorney(s) appearing for the Case

Mark Withrow, Midland, Tex. (Court-appointed), for defendant-appellant.

Joseph Casseb, Sidney Powell, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before GEE, RANDALL, and TATE, Circuit Judges.


TATE, Circuit Judge:

The defendant Scott appeals from a resentence following grant of his motion to correct and delete an illegal condition of his sentence. Fed.R.Crim.P. 35(a). On appeal, Scott raises issues implicating the validity of his original conviction, as well as alleged resentencing improprieties, none of which were raised before the district court. Finding that a Rule 35 sentence-correction motion cannot raise pre-sentence errors pertaining to the validity...

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