United States v. Sherman Lee Hart

Appellant Hart pled guilty to an indictment charging him with distribution of heroin. He received a ten-year prison sentence with a three-year special parole term to follow his imprisonment. Subsequently he filed a “motion for modification or reduction of sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure,” which sought resentencing under the Narcotic Addict Rehabilitation Act, 18 U.S.C.A. §§ 4251-4255. The district judge denied his motion, and we affirm.

If a defendant is to get NARA rehabilitative sentencing the court must determine that he is an eligible offender and…