United States v. Edward Elmer Solly, Charles Joseph Smith, James Carl Bates. Appeal of Charles J. Smith

OPINION OF THE COURT

SEITZ, Chief Judge.

Appellant, Charles J. Smith, was sentenced to a term of nine months to four years pursuant to 18 U.S.C. § 4208(a)(1) 1 on April 17,1975. Smith timely filed a Rule 85 Motion for Reduction of Sentence in which he contended that the district court’s sentencing expectations were frustrated by a misconception concerning the applicability and operation of the Parole policy guidelines which were then in effect. 39 Fed. Reg. 20028 (1974) now codified as amended in 28 C.F.R. § 2.20 (1976). The sentencing judge denied the motion and the appeal is taken from that…