U.S. v. BURGESS

No. 88-5113.

858 F.2d 1512 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard Lee BURGESS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 27, 1988.


Attorney(s) appearing for the Case

Gilbert S. Bachmann, Bachmann, Hess, Bachmann & Garden, Jeffrey A. Holmstrand, Wheeling, W.Va., for defendant-appellant.

Leon B. Kellner, U.S. Atty., Miami, Fla., William A. Kolibash, U.S. Atty., N.D.W. Va., Wheeling, W.Va., Thomas A. O'Malley, Asst. U.S. Atty., Ft. Lauderdale, Fla., Martin P. Sheehan, Asst. U.S. Atty., N.D.W.Va., Wheeling, W.Va., for plaintiff-appellee.

Before TJOFLAT and FAY, Circuit Judges, and FAWSETT, District Judge.


PER CURIAM:

This appeal presents the question of whether appellant, who was sentenced before the effective date of the Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq. & 28 U.S.C. § 991 et seq. (Supp. IV 1986), can seek resentencing under that Act pursuant to Fed.R.Crim.P. 35. We hold that he may not.

On August 11, 1987, the appellant, Bernard Lee Burgess, was sentenced for income tax evasion to two consecutive sentences of four years...

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