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U.S. v. FLENORY

No. 88-3817.

876 F.2d 10 (1989)

UNITED STATES of America v. Joseph FLENORY, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 26, 1989.

Attorney(s) appearing for the Case

George E. Schumacher, Federal Public Defender, Pittsburgh, Pa., for appellant, Joseph Flenory.

Charles D. Sheehy, Acting U.S. Atty., Bonnie R. Schlueter, Asst. U.S. Atty., Pittsburgh, Pa., for appellee, U.S.

Before GIBBONS, Chief Judge, MANSMANN and ALDISERT, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) May 18, 1989.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Joseph Flenory appeals from an order denying a Fed.R.Crim.P. 35 motion. As a result of a plea bargain in 1976, he was sentenced to six years and nine months for violation of 21 U.S.C. § 841(a)(1), a sentence which included a three-year special parole term. He contends, and for purposes of this appeal we assume, that the federal sentence was to be...

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