UNITED STATES v. COLVIN

No. 80-1818.

644 F.2d 703 (1981)

UNITED STATES of America, Appellee, v. Glenn COLVIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 18, 1981.


Attorney(s) appearing for the Case

Kohn, Shands, Elbert, Gianoulakis & Giljum, Miriam C. Rogers, St. Louis, Mo., for appellant.

Robert D. Kingsland, U. S. Atty., Charles A. Shaw, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before LAY, Chief Judge, and STEPHENSON and ARNOLD, Circuit Judges.


ARNOLD, Circuit Judge.

Defendant appeals from the dismissal of his motion for reduction of sentence under Rule 35 of the Federal Rules of Criminal Procedure. The district court held that it lacked jurisdiction to hear a Rule 35 motion that was filed within 120 days of an order of commitment on revocation of probation, but more than 120 days after the original imposition of sentence. We reverse.

On July 7, 1978, defendant Glenn Colvin pleaded guilty to Count...

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