United States v. John D. Gorman
Cases that cite this one
11 later published cases cite this decision.
- United States v. Lee (District Court, S.D. West Virginia 1974)
- Banks v. United States (District Court, N.D. Mississippi 1973)
- State v. Dunn (N.H. 1971)
- State v. Robinson (N.J. Super. Ct. App. Div. 1977)
- United States v. Johnny Lee Roy Norton, in Re United States of America (5th Cir. 1976)
- State v. Robinson (N.J. Super. Ct. App. Div. 1976)
- United States v. Frank A. Flores (5th Cir. 1975)
- United States v. Hamilton (District Court, W.D. Missouri 1975)
- United States v. Richard Henry Bryan (5th Cir. 1974)
- United States v. Paul Willoughby Granville (5th Cir. 1972)
- United States v. Estela (District Court, D. Puerto Rico 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This appeal is from the District Court’s denial of Gorman’s motion to correct or reduce sentence, pursuant to Rule 35, F. R.Crim.P.
On January 31, 1969, more than ten months after he was sentenced, Gorman first requested the court below to modify his sentence. Since Gorman’s motion was not filed within 120 days of his sentence, as required by Rule 35, the District Court lacked jurisdiction to consider the motion; and therefore this Court has no jurisdiction over the appeal. Rule 45(b), F.R.Crim.P.; United States v. Ellenbogen, 2 Cir. 1968, 390 F.2d 537, cert. denied 1968, 393 U.S. 918, 89 S.Ct. 241, 21 L.Ed.2d 206.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.