United States v. Orville K. Best

Best entered a plea of guilty to a three count information charging him with aiding and abetting aliens to elude examination and inspection in violation of 8 U.S.C. § 1325(2) and 18 U.S.C. § 2. He was sentenced to a term of six months imprisonment on each of the three counts, said sentences to run concurrently. A three-year probationary term was added on top of the prison term. After he had been in jail for almost five months the appellant filed a motion under Rule 35, Fed.R.Crim.P., to correct excessive sentence, arguing that since the maximum sentence on each count was six months in prison,…