Shunk v. U.S.

Full title: DANNY SHUNK Plaintiff vs. UNITED STATES OF AMERICA, Defendant

Court: United States District Court, D. Utah

Date published: Dec 31, 2003

Case No. 2:03-CV-00374 PGC (D. Utah Dec. 31, 2003)

Opinion

Case No. 2:03-CV-00374 PGC

December 31, 2003

ORDER DENYING MOTION TO CORRECT AN ILLEGAL SENTENCE UNDER RULE 35

PAUL CASSELL, District Judge

This post-conviction motion is before the court on a Rule 35 motion by Danny Shunk to correct what he claims is an illegal sentence. Mr. Shunk claims that his fifteen-year sentence exceeds a five-year maximum for career criminals under the United States Sentencing Guidelines. However, as noted in the Government's response, Mr. Shunk was not sentenced under the Guidelines. Rather, he was properly sentenced to fifteen years under 18 U.S.C. § 924(e)(1). Accordingly, Mr. Shunk's motion to correct his sentence (1-1) is DENIED.

The clerk is directed to close this case.

SO ORDERED.