United States v. Wheeler

ORDER

MOODY, District Judge.

This matter comes before the court on petitioner James E. Wheeler’s Motion for Correction of Sentence, filed September 10, 1986 pursuant to Fed.R.Crim.P. 35. The petitioner was convicted of receipt by a convicted felon of a firearm shipped in interstate commerce, a violation of 18 U.S.C. § 922(h)(1). In his motion, to which the government responded on September 26, 1986, the petitioner asks that his sentence be vacated and that this cause be remanded for resentencing.

I

Petitioner Wheeler was sentenced on July 12, 1985 to five years in prison for his violation of 18…