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GARLAND v. U.S.

No. 86-3608.

837 F.2d 1563 (1988)

Robert GARLAND, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 26, 1988.

Attorney(s) appearing for the Case

Keith A. Findley, Legal Assistance to Institutionalized Persons, Madison, Wis., for petitioner-appellant.

Robert W. Merkle, U.S. Atty., M. Alan Ceballos, Asst. U.S. Atty., Jacksonville, Fla., for respondent-appellee.

Before VANCE and HATCHETT, Circuit Judges, and O'KELLEY, District Judge.

VANCE, Circuit Judge:

Appellant Robert Garland appeals the district court's order vacating his original sentences in four criminal cases and imposing new sentences. The district court's order, entered eight months after the original sentences were imposed, increased appellant's aggregate term of imprisonment. Based on the district court's lack of jurisdiction to modify a legal sentence beyond a 120 day period, see Fed.R.Crim.P. 35, and the district court's...

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