What is the effect of the new federal parole guidelines on a defendant who is serving time on a sentence for assault with intent to pervert the course of justice?
MultiRegion, United States of America
The following excerpt is from Andrino v. U.S. Bd. of Parole, 550 F.2d 519 (9th Cir. 1977):
Andrino filed a motion for modification of sentence under 28 U.S.C. 2255 in November 1975. He contended that the district court would not have imposed the same sentence had it known the parole guidelines would be applied to postpone his parole. The district court, after a hearing, relied upon Kortness v. United States, 514 F.2d 167 (8th Cir. 1975), and modified the sentence so that all sentences would be served concurrently. The Government appeals.
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