Robert Michael Woosley v. United States

*149VAN OOSTERHOUT, Senior Judge,

with whom MEHAFFY and STEPHENSON, Circuit Judges, join (dissenting).

I respectfully dissent. I would affirm the trial court’s order denying relief under Rule 35. The sentence of five-years imprisonment was imposed upon the defendant following the acceptance of his voluntary plea of guilty to a charge of failure to submit for induction in violation of 50 U.S.C. App. § 462. This is the maximum penalty provided for the offense committed.

The majority opinion concedes that this court, as well' as others, has repeatedly held that a sentence imposed by a district judge…