UNITED STATES v. JONES

No. 997, Docket 71-1408.

444 F.2d 89 (1971)

UNITED STATES of America, Appellee, v. Luke Hamilton JONES, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 4, 1971.


Attorney(s) appearing for the Case

Jesse Berman, New York City (Robert Kasanof, The Legal Aid Society, New York City, on the brief), for appellant.

Peter L. Truebner, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. of New York, Jack Kaplan, Asst. U. S. Atty., on the brief), for appellee.

Before KAUFMAN and HAYS, Circuit Judges, and MANSFIELD, District Judge.


PER CURIAM:

This appeal is from a denial of a motion made pursuant to Rule 35 of the Federal Rules of Criminal Procedure to reduce a two year sentence which had previously been imposed on defendant as a result of a conviction for unlawfully failing to report for induction into the Armed Forces of the United States in violation of 50 U.S.C. App. § 462(a) (1964).

At a hearing on the motion, the district judge, under the mistaken impression that the matter...

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