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U.S. v. GUEVREMONT

No. 86-5827.

829 F.2d 423 (1987)

UNITED STATES of America, Appellee, v. Pierre GUEVREMONT, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 22, 1987.

Rehearing and Rehearing Denied October 30, 1987.

Attorney(s) appearing for the Case

William J. Prout, Jr., Brian C. Matthews (argued), Tompkins, McGuire & Wachenfeld, Newark, N.J., for appellant.

Samuel A. Alito, Jr., U.S. Atty., Samuel P. Moulthrop, Chief, Appeals Div. John P. Lacey (argued), Asst. U.S. Atty., Newark, N.J., for appellee.

Before HIGGINBOTHAM, BECKER and HUNTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 30, 1987.

OPINION OF THE COURT

BECKER, Circuit Judge.

18 U.S.C. § 3651, the so-called "split sentence" statute, empowers the judge to

impose a sentence in excess of six months and provide that the defendant be confined in a jail-type institution or a treatment institution for a period not exceeding six months and that the execution of the remainder of the sentence be suspended and the defendant...

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