United States v. Patrick Harley Kenyon

ORDER

The panel as constituted in the above-entitled case has voted to grant the petition for rehearing in part and to amend its opinion by substituting the revised opinion presented for filing herewith; Judges Chambers and Goodwin have voted to reject the suggestion for rehearing en banc.

The full court has been advised of the proposal to amend the opinion and of the suggestion for en banc rehearing, and no judge has objected to the amendment or requested a vote on the suggestion for rehearing en banc. Fed.R.App.P. 35(b).

The petition for rehearing is granted in part; the opinion filed January 20, 1975, in this case is withdrawn; the Clerk will file the Revised Opinion; the suggestion for a rehearing en banc is rejected.

OPINION

Patrick Harley Kenyon appeals from an order revoking probation and remanding him to custody. He also challenges two consecutive special lifetime parole terms.

On December 8, 1972, Kenyon was convicted on two counts of possession of heroin with intent to distribute, a violation of 21 U.S.C. § 841 (a)(1). On March 27, 1973, he was sentenced to two consecutive five-year terms of imprisonment. Execution of the prison sentence was suspended, and Kenyon…