(DOWNLOAD) "United States v. Stewart" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Stewart
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 10, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This defendant appeals from a judgment denying his Rule 35 motion to reduce his sentence filed on April 15, 1982 over two years after he was sentenced on March 21, 1982 following his guilty plea to six counts of conspiring to commit certain offenses and for stealing goods from interstate shipments, transporting, receiving and disposing of stolen goods in violation of 18 U.S.C. §Â§ 2,659, 2312, 2313, 2314 and 2315. The defendant argued in the district court that his sentence should be modified to give the U.S. Parole Commission the discretion to release him on parole because a co-defendant was successful in making this same request. The defendant explains that a co-defendant with whom he pleaded guilty was successful in gaining eligibility for parole by having his attorney file a combined § 2255 and Rule 35 motion with the district court. Since the instant defendant already had a § 2255 motion be denied by the district court, the defendant thought he would now bring a Rule 35 motion to request eligibility for parole. Although he has also had a Rule 35 motion be denied by the district court, the defendant thought his present motion could be construed as a request to reconsider the denial of his first Rule 35 motion which was not premised on the fact that a co-defendant has been able to receive the same requested relief.
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