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U.S. v. HAYES

No. 91-3464.

983 F.2d 78 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel D. HAYES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 29, 1992.

Attorney(s) appearing for the Case

Jeffrey Anderson, Asst. U.S. Atty., Christopher T. Van Wagner, Office of the U.S. Atty., Madison, WI, for plaintiff-appellee.

T. Christopher Kelly, Madison, WI, for defendant-appellant.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and PELL, Senior Circuit Judge.

PER CURIAM.

This case presents the question whether a district court has jurisdiction to decide a motion pursuant to the 1987 version of Rule 35(b) of the Federal Rules of Criminal Procedure when the motion is filed, but not decided, within one year of sentencing. On appeal, defendant-appellant Daniel Hayes asserts that the district court erroneously declined jurisdiction to hear his Rule 35(b) motion. For the following reasons, we reverse and remand.

I....

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