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KORTNESS v. UNITED STATES

No. 74-1351.

514 F.2d 167 (1975)

Robert D. KORTNESS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 21, 1975.

Rehearing Denied May 14, 1975.

Attorney(s) appearing for the Case

Robert Kortness, filed brief pro se.

Bernard P. Becker, St. Paul, Minn., filed supplemental brief and appendix for appellant.

Robert G. Renner, U. S. Atty., and Daniel M. Scott, Asst. U. S. Atty., Minneapolis, Minn., filed briefs for appellee.

Joseph A. Barry, Gen. Counsel, Patrick J. Glynn and Frederick E. Martin, Attys., and U. S. Bd. of Parole, Washington, D. C., filed brief for amicus curiae, U. S. Bd. of Parole.

Before GIBSON, Chief Judge; BRIGHT, Circuit Judge; and TALBOT SMITH, Senior District Judge.

BRIGHT, Circuit Judge.

Robert Kortness appeals from the district court's denial of his § 2255 petition in which he claims that he pleaded guilty to one count of possession of stolen mail not knowing that under Parole Board guidelines he would, in effect, be nonparolable. Kortness contends that because of the application of these guidelines, he is compelled to serve more time in prison than contemplated by the sentencing judge.

On November 19, 1973, Judge...

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