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U.S. v. MARTIN

No. 88-1492.

867 F.2d 476 (1989)

UNITED STATES of America, Appellee, v. James R. MARTIN a/k/a Big Charlie, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1989.

Attorney(s) appearing for the Case

Thomas M. Dawson, Leavenworth, Kan., for appellant.

Terry L. Derden, Asst. U.S. Atty., Little Rock, Ark., for appellee.

Before HEANEY, BOWMAN and MAGILL, Circuit Judges.

HEANEY, Circuit Judge.

James R. Martin entered a guilty plea on June 24, 1986, to both conspiracy to distribute cocaine and use of a telephone in furtherance of a felony. On July 15, 1986, the trial court sentenced Martin to five years and $75,000 for the conspiracy count and to three years and $25,000 for the telephone count.

On August 13, 1986, Martin filed (1) a motion to correct an illegal sentence pursuant to F.R.Cr.P. 35(a) and (2) a motion for compliance...

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