No. CR 87-417 AWT.

742 F.Supp. 556 (1990)

UNITED STATES of America, Plaintiff, v. Johnny BERMUDEZ, Defendant.

United States District Court, C.D. California.

January 5, 1990.

Attorney(s) appearing for the Case

Gary A. Feess, U.S. Atty., Robert L. Brosio, Asst. U.S. Atty., Chief, Criminal Div., Spurgeon E. Smith, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff.

Peter M. Horstman, Federal Public Defender, H. Dean Steward, Directing Atty., Santa Ana, Cal., for defendant.


TASHIMA, District Judge.

This is a motion under former F.R. Crim.P. 35(a) ("Rule 35(a)") to correct an illegal sentence. Rule 35(a) provides:

The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.1

The issue presented is whether or not United States v. Chatman...

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