UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JOHN D. GORMAN, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
JOHN D. GORMAN, DEFENDANT-APPELLANT
431 F.2d 632
Court of Appeals for the Fifth Circuit (1970)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM:
This appeal is from the District Court’s denial of Gorman’s motion to correct or reduce sentence, pursuant to Rule 35, F. R.Crim.P. On January 31, 1969, more than ten months after he was sentenced, Gorman first requested the court below to modify his sentence. Since Gorman’s motion was not filed within 120 days of his sentence, as required by Rule 35, the District Court lacked jurisdiction to consider the motion; and therefore this Court has no jurisdiction over the appeal. Rule 45(b), F.R.Crim.P.; United States v. Ellenbogen, 2 Cir. 1968, 390 F. 2d 537, cert. denied 1968, 393 U.S. 918, 89 S.Ct. 241, 21 L.Ed.2d 206.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Norton, 539 F.2d 1082 (5th Cir. 1976)
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United States v. Granville, 456 F.2d 1073 (5th Cir. 1972)
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United States v. Flores, 507 F.2d 229 (5th Cir. 1975)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Ellenbogen, 390 F.2d 537 (2d Cir. 1968)
- Urbano v. Sondern, 393 U.S. 918 (U.S. 1968)
- Melendez v. Wilson, 393 U.S. 918 (U.S. 1968)