UNITED STATES v. KROHN

No. 82-3262.

700 F.2d 1033 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph E. KROHN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 1983.


Attorney(s) appearing for the Case

Shelly C. Zwick, Asst. U.S. Atty., Robert J. Erickson, Atty., Dept. of Justice, Crim. Div., Washington, D.C., for plaintiff-appellant.

John T. Mulvehill, Fed. Public Defender (Court-appointed), Herbert V. Larson, Jr., Asst. Fed. Public Defender, New Orleans, La., for defendant-appellee.

Before JOHNSON, WILLIAMS and JOLLY, Circuit Judges.


JOHNSON, Circuit Judge:

We are asked to decide as a general matter whether district courts retain jurisdiction over timely-filed motions for reduction of sentence for a reasonable time beyond a lapse of Rule 35's 120-day period, and if so, whether the district court's ten-month delay in rendition of the ruling before us was within the bounds of reasonableness. We decline the invitation to retreat from our long-standing construction of the jurisdictional confines of...

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