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U.S. v. SMITH

No. 88-1486 Summary Calendar.

869 F.2d 835 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Charley Ray SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 10, 1989.

Attorney(s) appearing for the Case

Charley Ray Smith, Fort Worth, Tex., pro se.

Roger L. McRoberts, Asst. U.S. Atty., Lubbock, Tex. and Marvin Collins, U.S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before GEE, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

GEE, Circuit Judge:

Facts

In 1985, Charley Ray Smith pleaded guilty to a charge of distribution of cocaine in violation of 21 U.S.C. § 841(a). The district court sentenced him to a four-year term of imprisonment, which was suspended, and a special parole term of three years. The court also ordered Smith to participate in a drug aftercare program and to give 100 hours to community service work.

After sentencing, Smith tested positive for...

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