UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
CHARLES RICHARD KEMNER, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
CHARLES RICHARD KEMNER, DEFENDANT-APPELLANT
578 F.2d 1165
Court of Appeals for the Fifth Circuit (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
Appellant, sentenced on October 28,1977, filed his Rule 35 motion for reduction of sentence on March 7, 1978 — 130 days after sentence was imposed. That rule permits a sentencing judge to reconsider a sentence “within 120 days after the sentence is imposed . . .” Whatever latitude may exist for consideration by the judge after this period of motions filed within it, the judge is without jurisdiction to consider motions not filed within it. United States v. Flores, 507 F. 2d 229 (5th Cir. 1975).
Appellant’s motion was for this reason correctly denied.
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Mariano, 646 F.2d 856 (3d Cir. 1981)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Flores, 507 F.2d 229 (5th Cir. 1975)