UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
AUGUSTUS CHARLES BOBO, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
AUGUSTUS CHARLES BOBO, DEFENDANT-APPELLANT
652 F.2d 453
Court of Appeals for the Fifth Circuit (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
The district court correctly denied appellant’s motion to vacate sentence, 28 U.S.C. § 2255. Appellant was tried and convicted under the same indictment involved in U. S. v. Kennington, 650 F. 2d 544 (1981), and the decision in that case controls this case.
As in Kennington, the district court must amend the sentence to delete the special parole term imposed under 21 U.S.C. § 846. Bifulco v. U. S., 447 U.S. 381, 100 S.Ct. 2247, 65 L.Ed.2d 205 (1980). At the same time in the judgment of conviction the court should delete the erroneous reference to 21 U.S.C. § 341 because appellant contends this reference causes difficulty with the parole board.
AFFIRMED with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hancock v. United States, 655 F.2d 1380 (5th Cir. 1981)
Authorities Cited
- Bifulco v. United States, 447 U.S. 381 (U.S. 1980)
- United States v. Kennington, 650 F.2d 544 (5th Cir. 1981)