UNITED STATES v. MENDOZA

No. 77-1464.

565 F.2d 1285 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Santiago Mario MENDOZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted March 9, 1978.


Attorney(s) appearing for the Case

Albert Pena, Corpus Christi, Tex. (Court appointed), for defendant-appellant.

John L. Hill, Atty. Gen., Austin, Tex., James R. Gough, U. S. Atty., George A. Kelt, Jr., Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before GOLDBERG and MORGAN, Circuit Judges, and WYZANSKI, District Judge.


GOLDBERG, Circuit Judge:

The sole question presented by this appeal is whether a district court always loses jurisdiction to act upon a motion for reduction of sentence under Rule 35 of the Federal Rules of Criminal Procedure at the expiration of the 120 day period provided by the rule. The issue is at the same time both intriguing and troubling, in part because, as the able Assistant United States Attorney candidly remarked at oral argument, the words of the statute...

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