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UNITED STATES v. SCHELL

Nos. 80-2255, 80-2256.

692 F.2d 672 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. James T. SCHELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 2, 1982.

Attorney(s) appearing for the Case

Edward J. Nazar of Redmond, Redmond & O'Brien, Wichita, Kan., for defendant-appellant.

Jackie N. Williams, Asst. U.S. Atty., Wichita, Kan. (James P. Buchele, U.S. Atty., Wichita, Kan., with her on the brief), for plaintiff-appellee.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

James T. Schell appeals the trial court's judgment finding him a dangerous special offender within the meaning of 18 U.S.C. § 3575, and sentencing him to two consecutive ten year terms. On appeal the issues are (1) whether the trial court's findings were statutorily and constitutionally sufficient; (2) whether sentencing Schell as a dangerous special offender violated his Eighth Amendment right against cruel and unusual punishment; (3) whether...

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