UNITED STATES OF AMERICA
v.
STEVEN ROBINSON, #93377, APPELLANT
UNITED STATES OF AMERICA
STEVEN ROBINSON, #93377, APPELLANT
457 F.2d 1319
United States Court of Appeals for the Third Circuit (1972)
Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM:
Some two years after appellant was sentenced for bank robbery, he filed a petition under F.R.Cr.P. 35 requesting reduction of sentence. Reasoning that the request was not timely because it was considerably beyond the 120-day period provided in the rule, the district court denied the application; whereupon an appeal was lodged here.
The 120-day time limitation stated in Rule 35 “is jurisdictional and cannot, under any circumstances, be extended by order of the court. Criminal Rule 45 (b); United States v. Robinson, 361 U.S. 220, 226, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960).” United States v. Ellenbogen, 390 F. 2d 537, 541 (2d Cir.), cert. denied, 393 U.S. 918, 89 S.Ct. 241, 21 L.Ed.2d 206 (1968). See also, United States v. Olds, 426 F. 2d 562, 565 (3d Cir. 1970).
We have considered the other contentions raised by appellant and find them to be without merit.
The judgment of the district court will be affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Ferri, 686 F.2d 147 (3d Cir. 1982)
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In re Grand Jury Investigation. Appeal of Alexander Hartzell, 542 F.2d 166 (3d Cir. 1976)
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Gov't of the Virgin Islands v. Beaumont Gereau, 603 F.2d 438 (3d Cir. 1979)
Previewing 3 of 10 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. Robinson, 361 U.S. 220 (U.S. 1960)
- 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)
- United States v. Olds, 426 F.2d 562 (3d Cir. 1970)