UNITED STATES v. MARIANO

Nos. 80-2047, 80-2150.

646 F.2d 856 (1981)

UNITED STATES of America v. Dominick J. MARIANO, a/k/a Beans a/k/a Nick Beans, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 1, 1981.


Attorney(s) appearing for the Case

Timothy J. P. Quinlan, Quinlan, Dunne & Kelley, Cherry Hill, N. J., for appellant.

William W. Robertson, U. S. Atty., Newark, N. J., for appellee; Maryanne Trump Desmond, Chief, Appeals Division, Asst. U. S. Atty., Newark, N. J., on brief.

Before ADAMS, ROSENN and HUNTER, Circuit Judges.


Submitted under Third Circuit Rule 12(6) February 26, 1981.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal from the denial of a motion for reconsideration of sentence raises two issues: whether the district court had jurisdiction to entertain the motion, and, if so, whether the court abused its discretion in declining to reduce petitioner's sentence.

I.

In January 1978, a jury convicted Dominic Mariano of mail fraud and...

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