United States v. John O. Green A/K/A John O. Hornung

PATRICK E. HIGGINBOTHAM, Circuit Judge:

On December 9, 1986, John 0. Green pleaded guilty to one count of interstate travel to promote, manage, establish, carry on and facilitate an unlawful business enterprise involving cocaine. On January 12, 1987, he was sentenced to a term of five years imprisonment to run concurrently with another sentence imposed in the Western District of Oklahoma.

Green sought reduction of his sentence through a Fed.R.Crim.P. 35 motion, unrelated to the instant motion, which was denied by the district court and appealed to this court. Green then filed his 28 U.S.C. §…