United States v. De Antoni ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7424
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTHONY JOSEPH DE ANTONI, a/k/a Tony Dean,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Herbert N. Maletz, Senior Judge, sitting
by designation. (CR-89-462-HAR, CA-95-2181-HAR)
Submitted: February 7, 1996 Decided: February 22, 1996
Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Anthony Joseph De Antoni, Appellant Pro Se. Andrew George Warrens
Norman, Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order denying his
motion to correct and/or modify his sentence. We have reviewed the
record and find no reversible error. Appellant alleged that imposi-
tion of his sentence without parole under 21 U.S.C. § 848 (1988)
was illegal. The motion was properly denied because imposition of
the sentence without parole is mandatory under 21 U.S.C. § 848(c)
(1988). In addition, Appellant alleged that his sentence should be
vacated because the Government made a Fed. R. Crim. P. 35(b) motion
to reduce Appellant's sentence from eleven to ten years without the
presence of Appellant in court. No error was committed when the
district court granted the motion for reduction of sentence in
accordance with former Fed. R. Crim. P. 35(b) because Appellant
made the motion himself without opposition from the Government. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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