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TULLY v. SCHEU

No. 79-1113.

607 F.2d 31 (1979)

John Patrick TULLY, Appellant, v. Edward SCHEU, United States Marshal for the District of New Jersey, and William F. Hyland, Attorney General of New Jersey.

United States Court of Appeals, Third Circuit.

Decided September 26, 1979.

Attorney(s) appearing for the Case

Richard A. Sprague (argued), Philadelphia, Pa., for appellant.

John J. Degnan, Atty. Gen. of New Jersey, Trenton, N. J., of counsel and on brief; Rocky L. Peterson (argued), Deputy Atty. Gen., Division of Criminal Justice, Appellate Section, Princeton, N. J., for appellee.

Before ALDISERT and WEIS, Circuit Judges, and DIAMOND, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

A New Jersey court rule provides that a criminal defendant may move for reduction of sentence within sixty days after judgment of conviction and that the sentencing judge may reduce the sentence within seventy-five days from the date of judgment "and not thereafter."1 This appeal by a state prisoner from a denial of habeas corpus relief under...

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