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UNITED STATES v. TAYLOR

No. 81-2230.

689 F.2d 1107 (1982)

UNITED STATES of America v. Clifton B. TAYLOR, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 1, 1982.

Attorney(s) appearing for the Case

John C. Lenahan, Washington, D. C., for appellant.

Margaret Poles Spencer, Asst. U.S. Atty. with whom John A. Terry, Asst. U.S. Atty., at the time the brief was filed, Judith Hetherton, and Thomas J. Tourish, Jr., Asst. U.S. Attys., Washington, D. C., were on the brief, for appellee.

Before TAMM and GINSBURG, Circuit Judges, and EDMUND L. PALMIERI, United States Senior District Judge for the Southern District of New York.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The only issue in this case is whether the trial court erred in failing to exercise its discretion with respect to a possible sentencing disposition under Title II of the Narcotic Addict Rehabilitation Act of 1966 (NARA), 18 U.S.C. §§ 4251-4255. Because a felony charge was pending against defendant when he appeared for sentencing before the district judge, defendant was not an...

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