Frank Sasser v. United States

On November 28, 1960, appellant was convicted as an habitual violator of the narcotics laws pursuant to 26 U.S.C.A. § 7287. Under the circumstances, a sentence of at least ten years was mandatory. The sentence imposed was twelve years imprisonment, subject, however, to the provision of 18.U.S.C.A. § 4208(a) (2), whereby appellant would become eligible for parole at such time as the board of parole might determine. On March 14, 1961, the court, recognizing that it had no authority to invoke Sec. 4208(a) (2), on its own motion corrected the sentence by striking therefrom all reference to that…