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RICHARDS v. UNITED STATES

No. 11674.

212 F.2d 453 (1954)

RICHARDS v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided April 22, 1954.

Attorney(s) appearing for the Case

Mr. Josiah Lyman, Washington, D. C., with whom Mrs. Kathryn M. Schwarz, Washington, D. C., was on the brief, for appellant.

Mr. John D. Lane, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis A. Carroll, Asst. U. S. Atty., Washington, D.C., were on the brief, for appellee. Messrs. Charles M. Irelan, U. S. Atty., Washington, D. C., at time record was filed, and William R. Glendon and William J. Peck, Asst. U. S. Attys., Washington, D. C., at time record was filed, entered appearances for appellee.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.

EDGERTON, Circuit Judge.

Appellant was convicted of grand larceny, and sentenced to a term of 20 months to five years, on June 19, 1950. June 27, 1950 his counsel filed a notice of appeal, and also a motion to reduce sentence. July 11, 1950 the District Court entered an order (dated June 30) purporting to reduce the minimum sentence to 13 months.

The provision in Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C. that "The court may reduce...

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