Former baseball pitcher Denny McLain, imprisoned since his con
Feb. 04, 1987
TAMPA, Fla. (AP) _ Former baseball pitcher Denny McLain, imprisoned since his conviction for racketeering nearly two years ago, wants a resentencing hearing because of a technical error by the judge, his attorney said.
McLain, baseball's last 30-game winner, was sentenced to 23 years in federal prison after his March 16, 1985, conviction on racketeering and conspiracy involving loan sharking, bookmaking, extortion and cocaine dealing.
''He is entitled to be resentenced,'' his lawyer Arnold Levine said Tuesday, adding that the former Detroit Tigers' star cannot draw a stiffer sentence. ''There are no circumstances under which we would not insist on resentencing.''
Although government lawyers agree that there must be a resentencing procedure, they said a new sentence would be necessary only if the judge so rules.
Briefs filed stated that U.S. District Judge Elizabeth Kovachevich erred at sentencing when she failed to rule specifically on disputed points in a so- called victim impact statement.
The judge stapled McLain's objections to the back of a formal pre-sentence investigation report. Federal rules require a judge to rule on each dispute point or explain why it was not considered in sentencing, according to appeal briefs filed in the case.
McLain, 42, is imprisoned at Talladega, Ala. He won 31 games and the first of two Cy Young awards for the Tigers in 1968.