La Cosa v. United States
La Cosa v. United States
Opinion of the Court
OPINION
This is a motion by petitioner to reargue the denial of a motion for reduction of sentence and for an order reducing his sentence. The petitioner, Joseph La Cosa, was convicted together with others upon a jury verdict, after a one-month trial presided over by former District Judge Harold Tyler, Jr., of distribution of heroin, conspiracy to
On August 12,1974, following the affirmance of his conviction, the petitioner made a timely motion for reduction of sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure, which Judge Tyler denied on September 4, 1974. No motion for reargument was made until the current motion was filed on October 31, 1978, more than four years after the denial by Judge Tyler. The matter has been assigned to this Court in view of Judge Tyler’s resignation.
The motion is denied:
(1) for failure to comply with Rule 9(m) of the General Rules of this district; and
(2) for lack of jurisdiction to grant relief under Rule 35. United States v. Kahane, 527 F.2d 491 (2d Cir. 1975); United States v. Ellenbogen, 390 F.2d 537, 541 (2d Cir.), cert. denied, 393 U.S. 918, 89 S.Ct. 241, 21 L.Ed.2d 206 (1968); see United States v. Robinson, 361 U.S. 220, 226, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960).
Finally, the claims of rehabilitation, education and ill health since petitioner’s confinement upon which he bases his current motion must be directed to other authorities; obviously the alleged facts were not in existence when the motion for reduction was made before Judge Tyler in August 1974, and in no event can they serve as a predicate for reargument of that motion.
Reference
- Full Case Name
- Joseph LA COSA v. United States
- Status
- Published