United States v. Bernard Lee Burgess

This appeal presents the question of whether appellant, who was sentenced before the effective date of the Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq. & 28 U.S.C. § 991 et seq. (Supp. IV 1986), can seek resentencing under that Act pursuant to Fed.R.Crim.P. 35. We hold that he may not.

On August 11, 1987, the appellant, Bernard Lee Burgess, was sentenced for income tax evasion to two consecutive sentences of four years each. These sentences were imposed under the law in effect prior to the effective date of the Sentencing Reform Act. On December 3, 1987, appellant, proceeding under…