UNITED STATES v. GORMAN

No. 30068.

431 F.2d 632 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. John D. GORMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 1, 1970.


Attorney(s) appearing for the Case

Ross T. Scaccia, New Orleans, La. (court-appointed), for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Robert L. Livingston, Jr., Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases