MASTERANA v. UNITED STATES

No. 76-1996.

549 F.2d 1342 (1977)

Frank Joseph MASTERANA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 15, 1977.


Attorney(s) appearing for the Case

Louis Wiener, Jr., argued, Las Vegas, Nev., for petitioner-appellant.

Lawrence J. Semenza, U. S. Atty., Las Vegas, Nev., Ivan Michael Schaeffer, argued, Appellate Section, Crim. Div., Dept. of Justice, Washington, D. C., for respondent-appellee.

Before WALLACE and SNEED, Circuit Judges, and GRAY, District Judge.


OPINION

PER CURIAM:

Masterana appeals from the trial court's denial of his "Petition To Correct Sentence." This court has jurisdiction pursuant to 28 U.S.C. § 2255. We affirm.

The basis for the petitioner's appeal is his apparent belief that the action by the Parole Commission, under its published "guidelines," is resulting in a longer incarceration than the district court judge had in mind at the time of sentencing. He suggests that Judge Foley...

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