United States Court of Appeals, Eighth Circuit.
PER CURIAM.
This mandamus proceeding presents to this court for the first time the question whether a district court may modify or alter a sentence more than 120 days after the judgment of conviction has become final by ordering that the sentence imposed be served pursuant to 18 U.S.C. § 4208(a)(2). A review of the pertinent facts is necessary for an understanding of the issue.
On August 19, 1970, Frank James Tocco, Norris Lee Smith, Ralph Long, and Charles...
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