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UNITED STATES v. KENT

Nos. 77-1211 and 77-1673.

563 F.2d 239 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. James F. KENT, Defendant-Appellee. James F. KENT, Petitioner-Appellee, v. WARDEN, FEDERAL CORRECTIONAL INSTITUTION, EGLIN AIR FORCE BASE, FLORIDA, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

November 17, 1977.

Attorney(s) appearing for the Case

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Asst. U. S. Atty., New Orleans, La., Joseph F. Ciolino, George W. Calhoun, Attys., Crim. Div., Benjamin R. Civilett, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., for plaintiff-appellant in No. 77-1211 and respondent-appellant in No. 77-1673.

Jack Ciolino, New Orleans, La., for defendant-appellee in No. 77-1211 and petitioner-appellee in No. 77-1673.

Before THORNBERRY, Circuit Judge, SKELTON, Senior Judge, and HILL, Circuit Judge.

THORNBERRY, Circuit Judge:

James F. Kent was convicted in September, 1975, in the United States District Court for the Eastern District of Louisiana for conducting an illegal gambling operation in violation of 18 U.S.C. § 1955. He was sentenced in October, 1975, to 35 months imprisonment and a $20,000 fine. Pursuant to a motion for resentencing under Rule 35, Fed.R.Crim.P., the fine was reduced to $5,000 and the sentence made subject to the provisions of 18 U...

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