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U.S. v. McAFEE

No. 87-5551.

832 F.2d 944 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. George E. McAFEE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 25, 1987.

Attorney(s) appearing for the Case

P. Joseph Brake, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, San Antonio, Tex., for defendant-appellant.

Janet E. Bauerle, Le Roy Morgan Jahn, Pamela Ann Mathy, Asst. U.S. Attys., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, JOLLY and JONES, Circuit Judges.

PER CURIAM:

I.

George E. McAfee contends that a district court order ruling violates the double jeopardy clause. The order conformed an earlier entered sentence for escape to the court's original intent that it run consecutively with rather than concurrently to the sentence McAfee was serving at the time of his escape.

II.

During service of a sentence imposed in the Western District of Texas, McAfee was placed in a San Antonio halfway house...

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