UNITED STATES v. BURTON

No. 79-6405.

629 F.2d 975 (1980)

UNITED STATES of America, Appellee, v. Sherman Dewey BURTON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 15, 1980.


Attorney(s) appearing for the Case

Lewis F. Powell, III, Richmond, Va., for appellant.

Jean B. Weld, Asst. U.S. Atty. and E. Montgomery Tucker, First U.S. Atty., Roanoke, Va., on brief, for appellee.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and PHILLIPS, Circuit Judge.


HAYNSWORTH, Chief Judge:

Consecutive sentences were imposed upon Burton, a previously convicted felon, upon convictions of receipt of a firearm in violation of 18 U.S.C.A. § 922(h)(1) and possession of the same firearm in violation of 18 U.S.C.A.App. § 1202(a). In the circumstances of this case, we find no congressional authorization for the imposition of consecutive sentences and conclude that the motion for a reduction of sentence under Rule 35 F.R.Cr...

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