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U.S. v. THAYER

No. 87-3167.

857 F.2d 1358 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Edgar THAYER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1988.

Attorney(s) appearing for the Case

Michael G. Martin, Seattle, Wash., for defendant-appellant.

Harry J. McCarthy, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before WRIGHT, WALLACE and HUG, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Thayer contends that, because he is terminally ill and likely to die in prison, the district court abused its discretion in denying his Fed.R.Crim.P. 35(b) motion to reduce his 10-year sentence to suspension on time served. Affirmed.

FACTS

While serving a 45-year prison term in Georgia for violation of securities laws, Thayer was indicted on six counts of wire fraud in the Western District of Washington. He came to...

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