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UNITED STATES v. TEBHA

Nos. 84-1029, 84-1126.

770 F.2d 1454 (1985)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Mark I. TEBHA, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1985.

Attorney(s) appearing for the Case

Jeffrey Lawrence, San Francisco, Cal., for plaintiff-appellee, cross-appellant.

Richard Mazer and Arlene West, Oakland, Cal., for defendant-appellant, cross-appellee.

Before SCHROEDER, FLETCHER and CANBY, Circuit Judges.

FLETCHER, Circuit Judge:

Mark Tebha appeals his conviction for possession of heroin with intent to distribute. 21 U.S.C. § 841(a)(1) (1982). We reverse. The government cross-appeals, contending the trial court erred in refusing to impose a special parole term under 21 U.S.C. § 841(b)(1)(A) (1982). We agree that the district court erred in this regard.

I. FACTS AND PROCEEDINGS BELOW

In August 1983, two packages were mailed into the United...

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