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UNITED STATES v. MOORE

No. 82-5664.

710 F.2d 270 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Trevor Barry MOORE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 27, 1983.

Attorney(s) appearing for the Case

William H. Farmer, Federal Public Defender, Nashville, Tenn., court-appointed, Donald E. Dawson (argued), for defendant-appellant.

Joe B. Brown, U.S. Atty., John Philip Williams (argued), Nashville, Tenn., for plaintiff-appellee.

Before EDWARDS, Chief Circuit Judge, ENGEL, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Chief Circuit Judge.

This is the second appeal in this case which has only to do with the appropriateness of a sentence. It presents, nonetheless, a somewhat difficult problem.

In United States v. Moore, 688 F.2d 433 (6th Cir.1982), this court held that the District Judge had erred in denying a Rule 35 motion for vacation or correction of sentence in that he had administered two sentences...

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