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UNITED STATES v. DZIEDZIC

No. 73-1651.

483 F.2d 246 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis J. DZIEDZIC, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 24, 1973.

Attorney(s) appearing for the Case

Victor Sherman (argued), Beverly Hills, Cal., for defendant-appellant.

James W. Meyers, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., Shelby R. Gott, Stephen G. Nelson, Asst. U. S. Attys., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS, HASTIE and CHOY, Circuit Judges.

OPINION

CHAMBERS, Circuit Judge:

The order appealed from is affirmed.

The mandate shall not issue without a motion therefor and a hearing thereon.

Here we have an unusual case, to wit:

On May 1, 1972, Dziedzic was sentenced to ten years in the federal penitentiary with a recommendation that the parole board give early consideration to parole.

On August 31, 1972, counsel for Dziedzic filed a motion to reduce sentence.

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