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UNITED STATES v. HENRY

Nos. 81-4107, 81-4254.

709 F.2d 298 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Bullock HENRY, a/k/a Imari Abubakari Obadele, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Wayne JAMES, a/k/a Offoga Quaddus, and Thomas Norman, a/k/a Hekima Ana, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 28, 1983.

Attorney(s) appearing for the Case

Fred L. Banks, Jr., Jackson, Miss., for defendant-appellant in No. 81-4107.

Barbara A. Phillips, San Francisco, Cal., for defendants-appellants in No. 81-4254.

James B. Tucker, Asst. U.S. Atty., Jackson, Miss., Patty Merkamp Stemler, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before CLARK, Chief Judge, and BROWN, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.

RANDALL, Circuit Judge:

We are called upon to affirm or reverse the judgment of the district court increasing a valid sentence—which this court affirmed long ago and which the defendant here had already begun to serve—solely because the defendant had successfully challenged, under rule 35 of the Federal Rules of Criminal Procedure, another sentence that had been imposed in connection with the same criminal transaction.1 The...

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