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DIGGS v. UNITED STATES

No. 83-3143.

740 F.2d 239 (1984)

Alfred B. DIGGS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Third Circuit.

Decided July 26, 1984.

Attorney(s) appearing for the Case

Peter T. Campana (argued), Campana & Campana, Williamsport, Pa., for appellant.

David Dart Queen, U.S. Atty., Bernard V. O'Hare (argued), Asst. U.S. Atty., Scranton, Pa., for appellee.

Before GIBBONS and BECKER, Circuit Judges, and ATKINS, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

Federal Rule of Criminal Procedure 35(b) gives a district court the power to reduce a sentence it previously imposed upon a criminal defendant; the rule also states, generally speaking, that this reduction must take place, if at all, within 120 days of a final decision upholding the conviction. In the case before us, which is an appeal from a district court denial of a...

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