Easton
United States v. Easton
Opinion
Opinion
Vukasin, J.
MEMORANDUM OF OPINION AND ORDER DENYING MOTIONS TO CORRECT ILLEGAL SENTENCE PURSUANT TO RULE 35(a), Fed.R.Crim.P.
MEMORANDUM OF OPINION
The Court has before it defendants Sandra Easton’s and Carson Cohee’s motions to correct their allegedly illegal sentences pursuant to Rule 35(a) of the Federal Rules of Criminal Procedure. The Court has reviewed the pleadings submitted in support of and opposition to these motions and makes the following determinations.
1. Findings of Fact
On June 6, 1986, a Third Superseding Indictment was returned against defendants Sandra Easton and Carson Cohee and other individuals, charging them with numerous narcotics law violations and Internal Revenue crimes. Count 10 of the Third Superseding Indictment charged defendant Cohee with possessing with intent to distribute heroin on January 30, 1984. Count 24 of the indictment charged defendant Easton with possessing with intent to distribute cocaine on April 16, 1985.
On September 8, 1986, defendant Easton pled guilty to violating 18 U.S.C. § 371 (conspiracy to defraud the United States) (Count 4) and 21 U.S.C. § 841 (a) (possession with intent to distribute cocaine) (Count 24). On October 17, 1986,…