UNITED STATES v. LOWERY

No. 72-1597.

484 F.2d 457 (1973)

UNITED STATES of America, Appellee, v. Anthony LOWERY, Appellant.

United States Court of Appeals, Third Circuit.

Resubmitted September 12, 1973.

Decided September 13, 1973.


Attorney(s) appearing for the Case

Gilbert J. Helwig, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellant.

Richard L. Thornburgh, U. S. Atty., Samuel J. Orr, III, Kathleen Kelly Curtin, Asst. U. S. Attys., Pittsburgh, Pa., for appellee.

Before GIBBONS, JAMES HUNTER, III and WEIS, Circuit Judges.


PER CURIAM:

After considering the contentions raised by appellant (1) that the district court abused its discretion in denying appellant's motion for reconsideration of his modified sentence and (2) that the modified sentence was illegally imposed since the court failed to make an express finding that appellant would not derive maximum benefit from sentencing under 18 U.S.C. § 5010(b), we find these arguments to be without merit and affirm the district court...

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