United States v. Augustinus Petrus Maria Kouwenhoven

The defendant appeals from an order denying his motion for reduction of sentence, urging that the sentencing judge abused his discretion and that the resulting sentence constituted cruel and unusual punishment and violated the double jeopardy and due process clauses of the Fifth Amendment. We affirm.

Defendant, a citizen of the Netherlands, pleaded guilty on May 25, 1977 to conspiracy to dispose of stolen paintings in foreign commerce. 18 U.S.C. § 371 .

The trial judge sentenced him in September 1977, but stayed execution of the sentence until December 5, 1977, pending the outcome of his deportation hearing. In two separate proceedings in October, the court considered applications for a return of his passport and for a recommendation against deportation. Finally, on December 5, the court considered his motion to reduce sentence.

At issue is the correct interpretation of the sentence imposed by the district court. The government argues that the court sentenced the defendant to two years in prison. Defendant contends the court ordered him to leave the United States and not return without a proper visa. The court’s language at the sentencing hearing and during the later…