918 F2d 134 United States v. Temple  918 F.2d 134  UNITED STATES
of America, Plaintiff-Appellee, Don TEMPLE, Defendant-Appellant.
No. 89-2286.  United States Court of Appeals, Tenth Circuit.
Nov. 7, 1990.  Carlos K. Ogden, John F. Schaber, P.A., Deming,
N.M., for defendant-appellant.  William L. Lutz, U.S. Atty., and
Robert J. Gorence, Asst. U.S. Atty., Albuquerque, N.M., for
plaintiff-appellee.  Before TACHA and BALDOCK, Circuit Judges,
and CHRISTENSEN, District Judge.*  TACHA, Circuit Judge.
Defendant-appellant, Don Temple, appeals a denial of credit
toward his three-year probation term for time spent in
confinement for a previous felony conviction that was reversed.1
On July 13, 1987, Temple was sentenced to five years
imprisonment and three years probation for his felony conviction
of conspiring to and unlawfully importing and transporting
illegal aliens in violation of 18 U.S.C. Sec. 371 and 8 U.S.C.
Secs. 1324(a)(1)(A) and 1324(a)(1)(B). On February 2, 1989, this
court reversed his conviction in Uni