United States v. John Charles Leone, 900 F.2d 256, 4th Cir. (1990)
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Scribd Government DocsUnited States v. John Charles Leone, 900 F.2d 256, 4th Cir. (1990)
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Scribd Government Docs900 F.
2d 256
Unpublished Disposition
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of
unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
John Charles LEONE, Defendant-Appellant.
No. 89-7748.
United States Court of Appeals, Fourth Circuit.
Argued Feb. 6, 1990.
Decided March 19, 1990.
Appeal from the United States District Court for the District of Maryland,
at Baltimore. Frank A. Kaufman, Senior District Judge. (CR-86-414-K;
CA-88-3859-K).
Mary Riley Barzee, Sonnett, Sale & Kuehne, P.A., Miami, Fla., for
appellant.
Gary Patrick Jordan, First Assistant United States Attorney, Baltimore,
Md., for appellee.
Benson B. Weintraub, Sonnett, Sale & Kuehne, P.A., Miami, Fla., for
appellant.
Breckinridge L. Willcox, United States Attorney, Baltimore, Md., for
appellee.
D.Md.
AFFIRMED.
Before PHILLIPS and SPROUSE, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
PER CURIAM:
On September 16, 1986, John Charles Leone pled guilty to one count of
conspiracy to transport stolen goods in interstate commerce, in violation of 18
U.S.C. Secs. 371, 2314. The district court sentenced him, pursuant to 18 U.S.C.
Sec. 3651, to a five-year prison term which was suspended except for 179 days
to be served in a half-way house under a work-release program; he was also
given a five-year period of probation. Probation was conditioned on Leone's
serving six additional months in a half-way house and paying restitution in the
amount of $125,000.
Two years later, on December 21, 1988, Leone sought relief from his sentence
through a writ of habeas corpus, 28 U.S.C. Sec. 2255, or a writ of error coram
nobis, 28 U.S.C. Sec. 1651(a). The following February, he filed a motion to
correct his sentence pursuant to Rule 35(a), Federal Rules of Criminal
Procedure. In March, he filed a motion for an evidentiary hearing in connection
with his postconviction proceedings.
The gist of Leone's complaint is that the additional six months' confinement in
a half-way house, as a condition of his probation, rendered his sentence illegal
under the terms of 18 U.S.C. Sec. 3651. Leone also claims that the court erred
in calculating the amount of restitution and asserts various constitutional
violations stemming from that error. The district court wrote a comprehensive
opinion rejecting these claims and denying Leone's requests for relief. Leone v.
United States, CR-86-414-K (D.Md. June 26, 1989).
After consideration of the briefs and oral argument, we conclude that Leone's
claims are without merit and affirm for reasons adequately stated by the district
court.
AFFIRMED
