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UNITED STATES v. DEAN

Nos. 84-8386, 85-8035 Non-Argument Calendar.

752 F.2d 535 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Roscoe Emory DEAN, Jr., Defendant-Appellee. In re UNITED STATES of America, Petitioner.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied February 20, 1985.

Attorney(s) appearing for the Case

Patty Mukaup Stemler, Appellate Section, Crim. Div., Washington, D.C., for plaintiff-appellant.

Donald E. Wilkes, Jr., University of Ga. School of Law, Athens, Ga., for defendant-appellee.

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 20, 1985.

KRAVITCH, Circuit Judge:

This case raises two important issues: (1) whether appeal or mandamus is the proper remedy when the government alleges that the district court has acted beyond the scope of its lawful authority in reducing the sentence of a convicted criminal defendant; and (2) whether the district court may reduce a defendant's sentence under Rule 35(a) of the Federal Rules of Criminal Procedure...

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