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UNITED STATES v. JOHNSTON

No. 81-1254.

685 F.2d 934 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Ted Allan JOHNSTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 30, 1982.

Attorney(s) appearing for the Case

Walter M. Holcombe, Pecos, Tex. (court-appointed), for defendant-appellant.

Steven C. Hilbig, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GEE and JOHNSON, Circuit Judges, and VAN PELT, District Judge.

VAN PELT, District Judge:

This case is before us on appeal from a final judgment against appellant entered July 7, 1981, providing for incarceration, for a fine and for a special parole term with other restrictions as set forth in the Order from which this appeal is taken.

Appellant and three others were indicted on March 16, 1981, in two counts. The first count on which appellant and two of the defendants1 were each found not...

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