1. Home
  2. Browse Decisions
  3. F.2d
  4. 644 F.2d
  5. 644 F.2d 752 (1980)
 

UNITED STATES v. HETRICK

Nos. 80-1171, 80-7192.

644 F.2d 752 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. William HETRICK, Defendant-Appellee. UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT, DISTRICT OF ARIZONA, Respondent, and William Hetrick, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1980.

As Amended March 16, 1981.

Attorney(s) appearing for the Case

Michael D. Hawkins, Phoenix, Ariz., for plaintiff-appellant.

Dennis J. Skarecky, Phoenix, Ariz., for defendant-appellee.

Before GOODWIN and PREGERSON, Circuit Judges, and SCHWARZER, District Judge.

PREGERSON, Circuit Judge:

The government appeals, and alternatively seeks mandamus, to obtain review of the district court's order reducing, pursuant to Fed.R.Crim.P. 35, appellee's sentence of imprisonment from five to three years. We conclude that the government may appeal the district court's order under 18 U.S.C. § 3731; accordingly, mandamus is unavailable. We further conclude that Rule 35 does not empower the district court to enter the challenged order...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases