United States v. Cotton

DECISION AND ORDER

WARREN, District Judge.

The post-sentencing motion now pending in this case presents the troublesome ques tion of whether the Court retains jurisdiction under Rule 35(b) of the Federal Rules of Criminal Procedure to reduce a sentence more than 120 days after the sentence has become final. While the Court is inclined to agree with the recent dictum of the Court of Appeals for this Circuit that in cases such as this, the sentencing judge is without jurisdiction to reduce the defendant’s sentence, the Court denies the present motion on the broader ground that defendant has…