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UNITED STATES v. MENDOZA

No. 77-1464.

581 F.2d 89 (1978)

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

United States Court of Appeals, Fifth Circuit.

September 25, 1978.

Attorney(s) appearing for the Case

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

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

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.

PER CURIAM:

Rule 35 of the Federal Rules of Criminal Procedure provides, in part, that:

The court may reduce a sentence within 120 days after the sentence is imposed, or within 120 days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal . . . .

In this case, the district court concluded that it lacked jurisdiction to consider the merits of a timely filed motion for reduced sentence because it...

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