United States v. Steven Robinson, 93377

U.S. Court of Appeals for the Third Circuit
United States v. Steven Robinson, 93377, 457 F.2d 1319 (3d Cir. 1972)
1972 U.S. App. LEXIS 10515

United States v. Steven Robinson, 93377

Opinion

OPINION OF THE COURT

PER CURIAM:

Some two years after appellant was sentenced for bank robbery, he filed a petition under F.R.Cr.P. 35 requesting reduction of sentence. Reasoning that the request was not timely because it was considerably beyond the 120-day period provided in the rule, the district court denied the application; whereupon an appeal was lodged here.

The 120-day time limitation stated in Rule 35 β€œis jurisdictional and cannot, under any circumstances, be extended by order of the court. Criminal Rule 45 (b); United States v. Robinson, 361 U.S. 220, 226, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960).” 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 also, United States v. Olds, 426 F.2d 562, 565 (3d Cir. 1970).

We have considered the other contentions raised by appellant and find them to be without merit.

The judgment of the district court will be affirmed.

Reference

Full Case Name
UNITED STATES of America v. Steven ROBINSON, #93377, Appellant
Cited By
24 cases
Status
Published