United States v. Elliot Lasky

Lasky was convicted of importation and conspiracy to import cocaine in violation of 21 U.S.C. §§ 953 , 960, and 963. He was sentenced to two concurrent seven-year terms with a ten-year special parole term. Following an unsuccessful appeal, United States v. Lasky, 548 F.2d 835 (9th Cir. 1977), he moved under Rule 35 of the Federal Rules of Criminal Procedure for reduction of sentence.

The district court denied the motion and Lasky appeals, contending (1) that the sentence was imposed and modification was denied on the basis of incorrect information; (2) that the sentence imposed was so harsh as to constitute an abuse of discretion; and (3) that the court applied a mechanical approach to sentencing, and thereby denied him due process of law. We affirm.

I.

Lasky pleaded guilty in 1967 to possession of LSD and received probation. To allow Lasky to attend law school the sentencing judge granted a motion to terminate probation and expunge the record of conviction.

In the fall of 1970, Lasky entered law school in New York. According to his testimony at trial, he took a leave of absence from January 1971 to January 1972.

The conspiracy charged in the indictment below encompassed a…