United States v. Vincent Albano

FEINBERG, Chief Judge:

Defendant-appellant Vincent Albano appeals from an order of the United States District Court for the Eastern District of New York, Thomas C. Platt, J., denying his motion for correction of an allegedly illegal sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure. The claimed illegality is that the court imposed a 10-year period of probation, allegedly beyond its power under 18 U.S.C. § 3651. For reasons stated below, we find that defendant’s sentence did violate 18 U.S.C. § 3651. We therefore reverse and remand to the district court for correction of…