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UNITED STATES v. HOWELL

No. 83-1190.

719 F.2d 1258 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Carl Henry HOWELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing January 9, 1984.

Attorney(s) appearing for the Case

Thomas A. Autry (Court-appointed), David L. Botsford (Court-appointed Co-Counsel), Austin, Tex., for defendant-appellant.

Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before RUBIN, GARWOOD and JOLLY, Circuit Judges.

PER CURIAM:

Carl Henry Howell was convicted on two counts of making threats to take the life of the President of the United States in violation of 18 U.S.C. § 871. Finding that the two counts charge but one offense, we uphold his conviction on Count I, vacate his conviction on Count II, and affirm his sentence.

In February 1982 the office of the United States Secret Service in Austin, Texas, was notified by...

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