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ISLAND v. U.S.

No. 90-5318.

946 F.2d 1335 (1991)

Frank Thomas ISLAND, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 8, 1991.

Rehearing and Rehearing Denied November 7, 1991.

Attorney(s) appearing for the Case

Mark Marshall, Rapid City, S.D., argued (Joseph Butler and Rebecca McMahon, on brief), for appellant.

Steven Rich, Asst. U.S. Atty., Rapid City, S.D., argued, for appellee.

Before ARNOLD, BOWMAN and BEAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 7, 1991.

BEAM, Circuit Judge.

Frank Thomas Island appeals from the denial of his motion made pursuant to 28 U.S.C. § 2255 (1988). He claims that the trial court abused its discretion by "mechanically" imposing a maximum sentence of imprisonment and that the trial court's sentencing procedure violated his Fifth Amendment rights.1 We affirm.

I. BACKGROUND

In September...

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