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UNITED STATES v. JACKSON

No. 86-7001.

802 F.2d 712 (1986)

UNITED STATES of America, Appellee, v. Roy Dan JACKSON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1986.

Rehearing and Rehearing Denied November 25, 1986.

Attorney(s) appearing for the Case

John M. Farmer (Joseph E. Wolfe, Wolfe & Farmer, Norton, Va., Birg E. Sergeant, Pennington Gap, Va., on brief), for appellant.

E. Montgomery Tucker, Asst. U.S. Atty. (John P. Alderman, U.S. Atty., Roanoke, Va., on brief), for appellee.

Before WIDENER, SPROUSE and CHAPMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 25, 1986.

CHAPMAN, Circuit Judge:

The question presented is whether the 120-day limitation of Federal Rule of Criminal Procedure 35(b) prevents a district judge from acting upon an unincarcerated defendant's motion for probation under 18 U.S.C. § 3651 (1962), when the district judge has already denied the defendant's timely motion for reduction of sentence [or for probation] under Rule 35(b) and when 120...

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