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WARREN v. UNITED STATES

No. 19227.

358 F.2d 527 (1965)

Alfred E. WARREN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 1, 1965.

Attorney(s) appearing for the Case

Mr. Ronald N. Cobert, Washington, D. C. (appointed by this court) for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., at the time the brief was filed, was on the brief for appellee. Mr. Joel D. Blackwell, Asst. U. S. Atty., also entered an appearance for appellee.

Before FAHY, Circuit Judge, WASHINGTON, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

PER CURIAM:

The issue presented by this appeal questions the timeliness of appellant's motion for reduction of sentence under Rule 35 of the Federal Rules of Criminal Procedure, which provides in part:

The [District] court may reduce a sentence * * * within 60 days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, * * *.

The District Court dismissed...

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