United States v. Richard Ralph Bergmann, Jr.

EUGENE A. WRIGHT, Circuit Judge:

Bergmann appeals from denial of his motion under Fed.R.Crim.P. 36, 1 by which he sought to reduce his sentence. He requests, by way of relief, that we remand for reconsideration and for an evidentiary hearing with opportunity for cross-examination.

In an Order dated May 14, 1984 Judge Fitzgerald committed Richard Bergmann to federal custody for a total of six years’ imprisonment (five concurrent terms, each of five years’ duration; plus four concurrent terms, each of one year’s duration). The Order provided explicitly that Berg-mann’s terms of five years and one…