United States v. Leon Allen Dewald

Leon Allen DeWald appeals from the District Court’s denial of his motion to reduce sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure. Appellant contends that the District Court abused its discretion by denying his motion. For the reasons stated below, we affirm.

I. Facts

On March 24, 1980, DeWald was sentenced to five years imprisonment followed by three years of special parole for knowingly importing heroin into the United States. Sentence was suspended and De-Wald placed on probation. Approximately four months later, after a hearing which is not contested here, DeWald’s probation was revoked and he was resentenced to five years imprisonment and three years special parole, with all but one year of the prison term suspended. The Court rescinded that sentence when advised by the prosecuting attorney that the maximum period of confinement available under a split sentence is six months. Emphasizing that he did not want DeWald to serve only six months in prison, Judge Price then sentenced him to three years in prison and three years of special parole.

Pursuant to Rule 35, DeWald filed a motion for reduction of sentence on November 12,1980, less than 120 days…