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U.S. v. DISTASIO

Nos. 86-1765, 86-1766.

820 F.2d 20 (1987)

UNITED STATES of America, Appellee, v. Louis DISTASIO, Sr., Defendant, Appellant. UNITED STATES of America, Appellee, v. Jerry J. DISTASIO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 8, 1987.

Attorney(s) appearing for the Case

Robert M. Napolitano, Portland, Me., for defendant, appellant Louis Distasio, Sr.

Jura A. Burdinik, Portland, Me., for defendant, appellant Jerry J. Distasio.

Margaret D. McGaughey, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., and Joseph H. Groff III, Asst. U.S. Atty., Portland, Me., were on brief for appellee.

Before COFFIN and TORRUELLA, Circuit Judges, and PETTINE, Senior District Judge.

PETTINE, Senior District Judge.

This appeal raises a question of first impression in this Circuit: whether a defendant may appeal the adequacy of a sentence reduction granted under Rule 35(b) of the Federal Rules of Criminal Procedure. Although we rule that sentence reductions are appealable, and we outline the applicable standard of review, we remand this case to the district court to cure a serious jurisdictional defect.

I.

A.

On December...

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