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U.S. v. HEUBEL

No. 88-3548.

864 F.2d 1104 (1989)

UNITED STATES of America v. HEUBEL, Mario Vito, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 9, 1989.

Attorney(s) appearing for the Case

Mario Vito Heubel, Loretto, Pa., pro se.

J. Alan Johnson, U.S. Atty., Paul J. Brysh, Asst. U.S. Atty., W.D. Pennsylvania, Pittsburgh, Pa., for appellee.

Before MANSMANN, HUTCHINSON and VAN DUSEN, Circuit Judges

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

In this case we are presented with an appeal from the denial of what purports to be a Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence filed by defendant-appellant, Mario Vito Heubel. First, we must decide whether we have jurisdiction to consider the appeal since, while Heubel's original Rule 35(b) motion was filed within the 120 days after imposition of sentence allowed by the...

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