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UNITED STATES v. SMITH

Nos. 80-1382, 80-1388, 80-1389, 80-1384, 80-1383, 80-1381, 80-1392 and 80-1387.

650 F.2d 206 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Leroy Richard SMITH, Sr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Gary Lynn WELTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Michael Stephen KLIMENT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert David COLLINS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William Henry RENGIFO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John Steven DELUDE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Leonard D. CLEMENS, III, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Paul Bee STEWART, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1981.

Attorney(s) appearing for the Case

Stephen F. Crew, Portland, Or., for defendants-appellants.

Sidney I. Lezak, U. S. Atty., Portland, Or., for the United States.

Before CHOY, KENNEDY, and FERGUSON, Circuit Judges.

CHOY, Circuit Judge:

Appellants were convicted of various crimes and sentenced in the district court for the district of Oregon between June 1976 and January 1979. All filed timely Motions for Reduction of Sentence pursuant to Federal Rule of Criminal Procedure 35, which authorizes a sentencing judge to reduce a criminal sentence within 120 days from the date the sentence becomes final. The district court did not respond until May 1980, when, after unexplained delays...

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