United States v. Clayton Alvin Carter

Carter was convicted of rape, a violation of 18 U.S.C. § 2031 , on May 26, 1981, and was sentenced to five years imprisonment under 18 U.S.C. § 4205 (b)(2). He appealed and this court affirmed his conviction. Carter then moved to reduce his sentence under Fed.R.Crim.P. 35(b). The district court granted his motion and reduced his sentence to four months in a community treatment center and four years and eight months probation. The Government objected to this reduced sentence and moved to correct the alleged illegal sentence, arguing that 18 U.S.C. § 3651 does not permit a sentence of probation for rape, which is a crime punishable by life imprisonment. The trial court, 548 F.Supp. 1143 , granted the Government’s motion and sentenced Carter under 18 U.S.C. § 4205 (b)(1) to thirty months imprisonment with parole eligibility after six months. Carter appeals the grant of the Government’s motion.

Federal Rule of Criminal Procedure 35(b) permits the trial judge to reduce a sentence from a term of incarceration to probation. Section 3651 of United States Code Title 18 bars a judge from issuing a sentence of probation for a crime punishable by life imprisonment. Under 18 U.S.C. § 2031…