United States v. Augustinus Petrus Maria Kouwenhoven

EUGENE A. WRIGHT, Circuit Judge:

The defendant appeals from an order denying his motion for reduction of sentence, urging that the sentencing judge abused his discretion and that the resulting sentence constituted cruel and unusual punishment and violated the double jeopardy and due process clauses of the Fifth Amendment. We affirm.

Defendant, a citizen of the Netherlands, pleaded guilty on May 25, 1977 to conspiracy to dispose of stolen paintings in foreign commerce. 18 U.S.C. § 371.

The trial judge sentenced him in September 1977, but stayed execution of the sentence until December 5, 1977,…