UNITED STATES v. DeMIER

Nos. 81-2053, 81-2271.

671 F.2d 1200 (1982)

UNITED STATES of America, Appellant, v. Robert L. DeMIER, Barbara DeMier, Appellees. In re UNITED STATES of America, Petitioner.

United States Court of Appeals, Eighth Circuit.

Decided March 10, 1982.


Attorney(s) appearing for the Case

Robert G. Ulrich, U. S. Atty., Kansas City, Mo., Robert J. Erickson, Atty., U. S. Dept. of Justice, Washington, D. C., for appellant.

Willard B. Bunch, John Edward Cash, Kansas City, Mo., for appellees.

Before HEANEY, BRIGHT and STEPHENSON, Circuit Judges.


BRIGHT, Circuit Judge.

The Government, by appeal (No. 81-2053) and petition for writ of mandamus (No. 81-2271), challenges the power of the district court to issue an order reducing the sentences of Robert L. DeMier and his wife, Barbara, from three-years' imprisonment to twenty months. The DeMiers had filed a timely motion for reduction of sentence, which the court granted approximately ten months later, outside the 120-day time period prescribed by Rule 35 of the...

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