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U.S. v. MARES

No. 88-2504 Summary Calendar.

868 F.2d 151 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Santiago MARES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 20, 1989.

Attorney(s) appearing for the Case

Santiago Mares, Bog Spring, Tex., pro se.

Paula Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GEE, WILLIAMS, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Santiago Mares is a federal prisoner serving a three-year sentence for conspiracy to distribute heroin. One year after sentencing, he filed a motion to "correct" his sentence, citing Rule 36, Fed.R.Crim.P., which concerns clerical mistakes. His contention is that, under 18 U.S.C. § 3568, he was entitled to credit on his sentence for the 145 days he spent while released on bail before trial.

The district court denied the motion and dismissed...

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