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D'ALLESANDRO v. UNITED STATES

No. 797, Docket 74-2682.

517 F.2d 429 (1975)

Lawrence D'ALLESANDRO, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 1, 1975.

Attorney(s) appearing for the Case

Edward R. Korman, Chief Asst. U. S. Atty. (David G. Trager, U. S. Atty., Eastern District of New York, and Stephen M. Behar, Asst. U. S. Atty., of counsel), for respondent-appellant.

Gerald L. Shargel, New York City (LaRossa, Shargel & Fischetti, New York City, of counsel), for petitioner-appellee.

Before FRIENDLY and FEINBERG, Circuit Judges, and LASKER, District Judge.

FRIENDLY, Circuit Judge:

Rule 35 of the Federal Rules of Criminal Procedure empowers a district judge to reduce a sentence within, but only within, 120 days after sentence was imposed.1 Thereafter release from a stated term of imprisonment is in the hands of the Board of Parole, 18 U.S.C. § 4201 et seq. The United States contends that in this case the district judge has, in effect, taken over functions belonging to the Board. We agree...

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