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482 F.2d 936

Docket No. 73-1513

United States v. McCall

Fifth Circuit Court of Appeals

Decided Aug. 8, 1973.

Rehearing Denied Sept. 7, 1973.

Fifth Circuit Court of Appeals · decided 1973-08-08

Cited by 1 later decisions — most recently August 1973

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 4251

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1973-08-08

View the full empirical analysis of this case →

¶1Summary Calendar.*

¶2Theodore J. Sakowitz, Asst. Federal Public Defender, Miami, Fla. (Court-appointed, not under Act), for defendant-appellant.

¶3Robert W. Rust, U. S. Atty., Jerome B. Ullman, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

¶4Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

¶6PER CURIAM:

¶7The district court’s order denying appellant McCall’s post-sentence motion for commitment for treatment under the Narcotic Addict Rehabilitation Act, 18 U.S.C. § 4251 et seq., was correct. Appellant had two prior felony convictions in Florida for possession of cocaine, in violation of 398.03 Florida Statutes, and for carrying a concealed weapon, in violation of 790.01 Florida Statutes, and thus was ineligible under 18 U.S.C. § 4251(f)(4) for NARA commitment.1

¶8Affirmed.

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