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UNITED STATES v. EAKES

No. 85-3259.

783 F.2d 499 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward EAKES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 17, 1986.

Attorney(s) appearing for the Case

Neil C. McCabe, Houston, Texas, T. Gerald Treece, Houston, Tex., for defendant-appellant.

John P. Volz, U.S. Atty., Warren L. Montgomery, Asst. U.S. Atty., Harry W. McSherry, New Orleans, La., for plaintiff-appellee.

Before CLARK, Chief Judge, TATE, and DAVIS, Circuit Judges.

CLARK, Chief Judge:

Appellant James Eakes challenges his convictions for conspiracy to import cocaine, conspiracy to possess with intent to distribute cocaine, and the corresponding substantive crimes. We affirm on all issues except Eakes' contention that the judgment erroneously recites convictions for two charges that were not in the indictment. We remand on this issue with directions for the entry of a new judgment that corresponds with the indictment and convictions...

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