United States v. Ronald Rewald

ORDER

Ronald Rewald filed a document entitled “Notice of Appeal” in his pending direct criminal appeal, No. 85-1353. When the notice was received, however, a new appeal was opened, No. 87-1360. The new appeal was then dismissed for lack of jurisdiction. Rewald now petitions for rehearing with a suggestion for rehearing en banc.

We construe the second notice of appeal as a motion for a limited remand to the district court to enable Rewald to challenge the sentence imposed, and order the “Notice of Appeal” filed in appeal No. 85-1353. We dismiss appeal No. 87-1360 as opened in error.

In this appeal, Ronald Rewald seeks direct review of his sentence pursuant to the Sentencing Reform Act of 1984 (“the Act”). See 18 U.S.C. § 3742 . The Act provides for direct appellate review of sentences that are imposed pursuant to its provisions, including sentences that allegedly violate the sentencing guidelines. Id. Rewald contends that his sentence was imposed in violation of the sentencing guidelines developed by the Sentencing Commission.

The Act became effective on November 1, 1987. See Pub.L. 98-473, 98 Stat. 2031 (1984). On December 7, 1987, the President signed S. 1822, the Sentencing…