Frank Joseph Masterana v. United States

Masterana appeals from the trial court’s denial of his “Petition To Correct Sentence.” This court has jurisdiction pursuant to 28 U.S.C. § 2255 . We affirm.

The basis for the petitioner’s appeal is his apparent belief that the action by the Parole Commission, under its published “guidelines,” is resulting in a longer incarceration than the district court judge had in mind at the time of sentencing. He suggests that Judge Foley probably was unaware of the provisions of the guidelines and of the effect that their application would have upon the petitioner’s continued incarceration. He seeks to have this matter remanded to the district court for resentencing “with full cognizance of the Parole Board’s policy,” or that, alternatively, we require the district court to grant an evidentiary hearing and make findings concerning its intentions as to the length of incarceration.

We are not able to assume that at the time that Judge Foley imposed sentence he was unmindful of the Parole Commission guidelines, which had been published more than five months previously. However, even if this were to have been the situation, the “Petition To Correct Sentence” that the appellant…