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UNITED STATES v. SPARROW

No. 81-4276 Summary Calendar.

673 F.2d 862 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. John Walter SPARROW, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 22, 1982.

Attorney(s) appearing for the Case

Clyde Hurlbert, Biloxi, Miss., for defendant-appellant.

James B. Tucker, Asst. U. S. Atty., Jackson, Miss., for plaintiff-appellee.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In this case, John Sparrow appeals the denial of his motion to correct and reduce sentence under F.R.Crim.P. 35, contending that the District Court: (i) failed to provide him the opportunity to make a statement in mitigation of punishment as required under F.R.Crim.P. 32(a)(1); and (ii) solely because of Sparrow's age did not consider sentencing under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. (FYCA).

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