From Casetext: Smarter Legal Research

Oeth v. United States

United States Court of Appeals, Fifth Circuit
Mar 14, 1968
390 F.2d 609 (5th Cir. 1968)

Opinion

No. 25210.

March 14, 1968.

Leonard Malcolm Oeth, pro se.

Theodore Klein, Asst. U.S. Atty., Miami, Fla., for appellee.

Before WISDOM, BELL and DYER, Circuit Judges.


The appellant was convicted upon a trial by jury on charges of kidnapping and aircraft piracy in violation of 18 U.S.C.A. § 1201 and 49 U.S.C.A. § 1472, for which he was sentenced to serve concurrent terms of one and twenty years respectively. Upon direct appeal, the judgment was affirmed. Healy and Oeth v. United States, 5 Cir., 1966, 354 F.2d 1008.

After a hearing at which appellant's attorney was present, the District Court modified the sentence to provide, pursuant to 18 U.S.C.A. § 4208(a)(2), that the appellant would be eligible for parole at such time as the Board of Parole might determine.

The sole contention of the § 2255 motion is that appellant was denied due process because he was not present at the "resentencing." As the District Court held, Rule 43, Fed.R.Crim.P. provides that "The defendant's presence is not required at a reduction of sentence under Rule 35." We find no substantial issue is presented in this appeal.

Affirmed.


Summaries of

Oeth v. United States

United States Court of Appeals, Fifth Circuit
Mar 14, 1968
390 F.2d 609 (5th Cir. 1968)
Case details for

Oeth v. United States

Case Details

Full title:Leonard Malcolm OETH, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 14, 1968

Citations

390 F.2d 609 (5th Cir. 1968)

Citing Cases

United States Wiese

thirty-two months whereas otherwise he could pursuant to the Commission's guidelines be considered for parole…

United States v. Whitley

Additionally, Regan pointed out that such a Motion for Modification was a disguised Motion for Reduction of…