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UNITED STATES v. LLINAS

No. 81-5291 Non-Argument Calender.

670 F.2d 993 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Joseph LLINAS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 15, 1982.

Attorney(s) appearing for the Case

Neil M. Schuster, Miami Beach, Fla., for defendant-appellant.

Linda Collins Hertz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before RONEY, KRAVITCH and CLARK, Circuit Judges.

RONEY, Circuit Judge:

In this case we hold that the 120-day period for reduction of sentence under Rule 35 runs from the date of the original sentence or the events specified in Rule 35, and does not start over again when the original sentence is reduced pursuant to a prior motion.

Convicted of cocaine violations, Robert Joseph Llinas was sentenced on September 15, 1978. The convictions were affirmed on appeal. United States v. Llinas,

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