United States v. Jose Melquiades Velazco-Hernandez

Velazco-Hernandez appeals from a district court order denying his motion to correct an allegedly illegal sentence. We affirm.

On July 11,1977, appellant pleaded guilty to a charge of smuggling merchandise into the United States in violation of 18 U.S.C. § 545. The district court sentenced him orally as follows:

It is adjudged that the defendant be committed to the custody of the Attorney General for imprisonment for a term of three years. The execution of such sentence to be suspended and the defendant placed on probation on the following terms and conditions: One, he be confined in a jail-type…