United States v. Robert W. Kennington

Appellant Robert W. Kennington, upon conviction of conspiracy to violate 21 U.S.C. § 841(aXl), received a sentence of ten years. 1 After this court affirmed the conviction, appellant filed in district court a motion to correct an illegal sentence pursuant to Fed.R.Crim.P. 35, alleging that the trial court erroneously sentenced him under 21 U.S.C. § 846 (which provides for a maximum sentence of fifteen years), although the indictment charged a violation of 18 U.S.C. § 371 (which provides a maximum sentence of five years). 2 Finding that appellant had demonstrated no prejudice from any error in…