U.S. v. Kemner, 78-1697
Decision Date | 25 August 1978 |
Docket Number | No. 78-1697,78-1697 |
Citation | 578 F.2d 1165 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Charles Richard KEMNER, Defendant-Appellant. Summary Calendar. * |
Court | U.S. Court of Appeals — Fifth Circuit |
Roland E. Dahlin, II, Federal Public Defender, Karen K. Brown, Gustavo L. Acevedo, Asst. Federal Public Defenders, Houston, Tex., for defendant-appellant.
J. A. Canales, U. S. Atty., John M. Potter, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Texas.
Before THORNBERRY, GEE and FAY, Circuit Judges.
Appellant, sentenced on October 28, 1977, filed his Rule 35 motion for reduction of sentence on March 7, 1978 130 days after sentence was imposed. That rule permits a sentencing judge to reconsider a sentence "within 120 days after the sentence is imposed . . . ." Whatever latitude may exist for consideration by the judge after this period of motions filed within it, the judge is without jurisdiction to consider motions not filed within it. United States v. Flores, 507 F.2d 229 (5th Cir. 1975).
Appellant's motion was for this reason correctly denied.
AFFIRMED.
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United States v. Cotton, 83-CR-17.
...any circumstances, be extended to enlarge the time in which the defendant may move for a reduction of sentence. United States v. Kemner, 578 F.2d 1165, 1166 (5th Cir.1978); United States v. Estela, 58 F.R.D. 210, 211 (D.P.R. 1972). Indeed, if the motion is untimely filed and the sentence is......
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U.S. v. Mariano, s. 80-2047
...generally have adopted a strict reading of Rule 35, see United States v. Lanier, 604 F.2d 1157 (8th Cir. 1979); United States v. Kemner, 578 F.2d 1165 (5th Cir. 1978), considering the 120 day limit as jurisdictional. Nonetheless, occasional departures from a narrow construction of the time ......