United States v. Davi

MEMORANDUM ORDER

NEAHER, District Judge.

Defendant, a Federal prisoner convicted in this Court, has filed a motion to correct a claimed illegal sentence as provided by Rule 35(a), Fed.R.Crim.P. His previous motion seeking a reduction of sentence was denied on September 2, 1983.

The ground of the present motion is that defendant’s seven-year sentence and five-year special parole term constitutes cruel and unusual punishment violative of the Eighth Amendment. In support of that contention, defendant relies on a recent decision of Judge Wyzanski (sitting in the Northern District of California)…