UNITED STATES v. JOHNSON

No. 80-1725.

634 F.2d 94 (1980)

UNITED STATES of America v. Luvenia JOHNSON, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 30, 1980.


Attorney(s) appearing for the Case

Robert J. Cindrich, U.S. Atty., Paul J. Brysh, Asst. U.S. Atty., Pittsburgh, Pa., for appellee.

George E. Schumacher, Federal Public Defender, Thomas S. White, Asst. Federal Public Defender, Pittsburgh, Pa., for appellant.

Before ADAMS, HUNTER and HIGGINBOTHAM, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) September 19, 1980.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The issue in this case is whether a district court has jurisdiction to entertain a motion for reduction of sentence filed within 120 days of the revocation of an offender's probation and the imposition of a prison sentence that had previously been suspended.

I. FACTS

Luvenia Johnson pleaded guilty on January 25, 1977 to...

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