United States v. David John Martin, Jr.

David John Martin, Jr., appeals the district court’s 1 order that denied his motion to correct an illegal sentence, revoked his probation and ordered him to serve the remainder of his original sentence. We affirm.

Martin pleaded guilty in the United States District Court for the District of North Dakota to one count of assault resulting in serious bodily injury. On January 8, 1987, the court imposed a “split sentence” of two years (120 days to be served with remainder suspended) plus three years probation. Such a combination sentence was permitted under 18 U.S.C. § 3651 (repealed 1987). 2…