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UNITED STATES v. NAAS

No. 84-3182.

755 F.2d 1133 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Richard G. NAAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 25, 1985.

Attorney(s) appearing for the Case

Helen G. Roberts, Baton Rouge, La., Samuel S. Dalton, New Orleans, La., for defendant-appellant.

John P. Volz, U.S. Atty., Harry W. McSherry, Constantine D. Georges, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellee.

Before THORNBERRY, REAVLEY, and HIGGINBOTHAM, Circuit Judges.

HIGGINBOTHAM, Circuit Judge:

Richard G. Naas appeals the denial of his Rule 35(a), Fed.R.Crim.P., motion to correct an illegal sentence. Finding the district court's alteration of Naas' sentence violative of the constitutional guarantee against double jeopardy, we reverse and remand.

I

On November 19, 1975, Richard G. Naas was convicted in federal court of six counts of bank embezzlement. 18 U.S.C. §...

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