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U.S. v. DALY

No. 86-1660 Summary Calendar.

823 F.2d 871 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome DALY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 6, 1987.

Attorney(s) appearing for the Case

Jerome Daly, Pro Se.

Marvin Collins, U.S. Atty., Fort Worth, Tex., Michael L. Paup, Chief, Appellate Sec., U.S. Dept. of Justice, Tax Div., Roger M. Olsen, Robert E. Lindsay, Deborah W. Dawson, Asst. Attys. Gen., Washington, D.C., for plaintiff-appellee.

Before RANDALL, WILLIAMS, and GARWOOD, Circuit Judges.

PER CURIAM:

The Court, on its own motion, withdraws its opinion of June 29, 1987, in this case and substitutes the following:

This is an appeal from the district court's denial of the major relief which Jerome Daly requested in a Fed.R.Crim.P. 35 motion attacking one of his federal sentences. Daly has moved that the cause be remanded for consolidation with his pending 28 U.S.C. § 2255 motion to vacate. We DENY Daly's motion to remand for consolidation...

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