966 F.2d 164 (5th Cir. 1992), 92-3081, United States v. Young

Docket Nº:92-3081
Citation:966 F.2d 164
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Wayne Joseph YOUNG, Defendant-Appellant.
Case Date:June 30, 1992
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 164

966 F.2d 164 (5th Cir. 1992)

UNITED STATES of America, Plaintiff-Appellee,


Wayne Joseph YOUNG, Defendant-Appellant.

No. 92-3081

United States Court of Appeals, Fifth Circuit

June 30, 1992

Wayne Joseph Young, pro se.

Herbert W. Mondros, Fred P. Harper, Jr., Asst. U.S. Attys., and Harry Rosenberg, U.S. Atty., New Orleans, La., for plaintiff-appellee.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before JOLLY, DAVIS, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Wayne Young appeals the district court's denial of his motion, pursuant to FED.R.CRIM.P.

Page 165

35(a), to correct sentence. Finding no error, we affirm.


Young was involved in a drug conspiracy in 1986, prior to the November 1, 1987, effective date of the Sentencing Guidelines. The facts are amply set forth in United States v. Gentry, 839 F.2d 1065, 1067-69 (5th Cir.1988). Young was convicted of conspiracy to possess with intent to distribute marihuana and of the attempted distribution of marihuana, in violation of 21 U.S.C. § 846, and of distribution and possession with intent to distribute cocaine, in violation of id. § 841(b)(1)(B).

Young was sentenced to four years' imprisonment on each count, the terms to run consecutively. On two of the counts, he was sentenced to consecutive five-year terms of special parole. We affirmed. See Gentry.

Subsequently to our affirmance, the district court denied Young's Fed.R.Crim.P. 35(b) motion to reduce sentence. He took no appeal. More than a year later, Young moved, pursuant to 28 U.S.C. § 2255, to correct sentence. The district court denied that petition, and we affirmed. United States v. Young, 1990 WL 17358, U.S.Dist.LEXIS 1737 (E.D.La. Feb. 22, 1990), aff'd, 920 F.2d 930 (5th Cir.) (unpublished), cert. denied, --- U.S. ----, 111 S.Ct. 2034, 114 L.Ed.2d 119 (1991).

In April 1991, the district court denied Young's motion to correct sentence filed pursuant to rule 35(a). United States v. Young, 1991 WL 55819, 1991 U.S.Dist.LEXIS 4789 (E.D.La. Apr. 8, 1991). Young noticed, then withdrew, an appeal from that ruling.

In July and August 1991, Young wrote letters to the district court challenging the imposition of consecutive terms of special parole and seeking resentencing on all counts. The court treated the letters as a motion and denied it, concluding...

To continue reading