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U.S. v. HUTCHINS

No. 86-2524.

818 F.2d 322 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. James Harold HUTCHINS and Philip L. Hutchins, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 19, 1987.

Attorney(s) appearing for the Case

Marvin Coan, Louisville, Ky., for James Harold Hutchins.

Malcolm Segal, James R. Kirby, II, Sacramento, Cal., for Phillip Lee Hutchins.

James R. Gough, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for U.S.

Before JOLLY and DAVIS, Circuit Judges, and FELDMAN, District Judge.

E. GRADY JOLLY, Circuit Judge:

James Hutchins and Philip Hutchins appeal their convictions and sentences on charges of conspiracy to possess marijuana with intent to distribute and for attempt to possess marijuana with intent to distribute. For the most part, the arguments they raise on appeal lack merit, and we affirm their convictions. Because James and Philip Hutchins were not sentenced under a valid statute, however, we vacate their sentences, and remand this...

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