U.S. v. HERNANDEZ

No. 91-1238.

975 F.2d 706 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus John HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 14, 1992.


Attorney(s) appearing for the Case

David A. Lane, Denver, Colo., for defendant-appellant.

John H. Hutchins, Asst. U.S. Atty. (Michael J. Norton, U.S. Atty., and William D. Welch, Asst. U.S. Atty., with him on the brief), Denver, Colo., for plaintiff-appellee.

Before LOGAN and ANDERSON, Circuit Judges, and THEIS, District Judge.


LOGAN, Circuit Judge.

Defendant Jesus John Hernandez appeals the district court's refusal to modify his sentence under Fed.R.Crim.P. 35(b).1 The facts and issues in this case are peculiar inasmuch as defendant asked the court to increase one of his sentences while decreasing another, without changing the overall length of the combined sentences, the goal being to make defendant eligible for parole.

Defendant was convicted in 1986...

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