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IN RE UNITED STATES

Nos. 78-1409, 78-5152, 78-1423 and 78-5156.

588 F.2d 56 (1978)

In re the UNITED STATES of America, Petitioner (two cases). UNITED STATES of America, Appellant, v. Bonnie Ann COLE, Appellee. UNITED STATES of America, Appellant, v. Harold Leon MOTLEY, Sr., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1978.

Attorney(s) appearing for the Case

Robert Bruce Amidon, Asst. U.S. Atty., Roanoke, Va. (Paul R. Thomson, Jr., U.S. Atty., Roanoke, Va., and William M. Moffet, Third Year Law Student, on brief), for appellant.

George I. Vogel, II, Roanoke, Va. (Wilson, Hawthorne & Vogel, Roanoke, Va., on brief), for appellee in Nos. 78-1409 and 78-5152.

Cynthia D. Kinser, Jonesville, Va. (Montgomery, Sanderson & Kinser, Jonesville, Va., on brief), for appellee in Nos. 78-5156 and 78-1423.

Before BUTZNER, RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

The United States, by direct appeals and by petitions for mandamus or prohibition, asks this court to prevent the district court from modifying the prison sentences of Bonnie Ann Cole and Harold Leon Motley, Sr. Because both cases deal with the power of a district judge to reduce a sentence after the expiration of 120 days after sentencing, F.R.Cr.P. 35,1 they were consolidated...

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