United States v. Jesus John Hernandez

LOGAN, Circuit Judge.

Defendant Jesus John Hernandez appeals the district court’s refusal to modify his sentence under Fed.R.Crim.P. 35(b). 1 The facts and issues in this case are peculiar inasmuch as defendant asked the court to increase one of his sentences while decreasing another, without changing the overall length of the combined sentences, the goal being to make defendant eligible for parole.

Defendant was convicted in 1986 of several counts of distribution of cocaine, in violation of 21 U.S.C. § 841(a)(1), and one count of conducting a continuing criminal enterprise (CCE), in violation…