United States v. Barkley

ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on Defendant’s Motion, filed January 2, 1990, to Correct an Illegal Sentence Pursuant to Rule 35(a) of the Federal Rules of Criminal Procedure.

Presently, there are two Rule 35s applicable to reduction of sentences. The current Rule 35 applies to offenses that occurred after November 1, 1987, while the former Rule 35 applies to those offenses that occurred prior to November 1, 1987. In this case, the offenses for which Defendant asserts the sentence was illegal occurred on November 17, 1986. Hence, the former Rule 35 is…