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UNITED STATES v. TURNER

No. 84-1142 Summary Calendar.

741 F.2d 696 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Elrond Perico TURNER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 29, 1984.

Attorney(s) appearing for the Case

Robert T. Baskett (court-appointed), Dallas, Tex., for defendant-appellant.

James A. Rolfe, U.S. Atty., James T. Jacks, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before RUBIN, RANDALL, and TATE, Circuit Judges.

TATE, Circuit Judge:

The defendant Turner appeals from revocation of his probation and his sentence to five years' imprisonment. We affirm the revocation, but vacate the deferred sentence imposed because, after revocation and before imposition of the sentence, the district court did not afford the defendant his allocution right to make a statement to present any information in mitigation of punishment.

In 1979 the...

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