United States v. Earl X. Holmes, A/K/A Xavier Earl Holmes, A/K/A Gerald Jones

Earl X. Holmes appeals from a final order entered in the District Court 1 for the Eastern District of Missouri denying his motion pursuant to Fed.R.Crim.P. 35 for reduction or modification of his sentence. For reversal appellant argues the district court erred in failing to consider treatment under the Narcotic Addict Rehabilitation Act (NARA), 18 U.S.C. §§ 4251-55 (1982) (repealed effective Nov. 1, 1987), as an alternative to imprisonment when he made a sufficient showing that he was an addict. For the reasons discussed below, we affirm the judgment of the district court.

Appellant was…