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U.S. v. WEINTRAUB

No. 87-1857.

871 F.2d 1257 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard WEINTRAUB, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 21, 1989.

Attorney(s) appearing for the Case

Benson B. Weintraub, Benedict P. Kuehne, Sonnett, Sale & Kuehne, Miami, Fla., for defendant-appellant.

William D. Sheetz, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before REAVLEY, WILLIAMS and JONES, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellant, Bernard Weintraub, was convicted of various criminal offenses arising from his involvement in a cocaine distribution conspiracy. He has filed a petition in the nature of habeas corpus under 28 U.S. C. § 2255 seeking to have his conviction vacated and his sentence set aside. We uphold his conviction. We must set aside the sentence and remand for further proceedings, however...

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