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U.S. v. McDANIEL

No. 87-1070.

844 F.2d 535 (1988)

UNITED STATES of America, Appellee, v. Herbert McDANIEL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1988.

Attorney(s) appearing for the Case

Herbert McDaniel, pro se.

Thomas M. Larson, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before HEANEY, FAGG and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Herbert McDaniel appeals, pro se and in forma pauperis, the District Court's1 denial of his motion, filed pursuant to Fed.R.Crim.P. 35(a), to correct an illegal sentence. We affirm.

On March 12, 1985, a jury convicted McDaniel for knowingly and intentionally distributing heroin and cocaine in violation of 21 U.S.C. § 841(a)(1) (1982) and 18 U.S.C. § 2 (1982). On April 5, 1985, McDaniel, a first...

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