Legal Opinion
United States v. Louis Distasio, Sr., United States of America v. Jerry J. Distasio
Court of Appeals for the First Circuit
Decided June 8, 1987No. 86-1765, 86-1766PublishedCited by 56 opinions
1Opinion of the Court
PETTINE, Senior District Judge.
This appeal raises a question of first impression in this Circuit: whether a defendant may appeal the adequacy of a sentence reduction granted under Rule 35(b) of the Federal Rules of Criminal Procedure. Although we rule that sentence reductions are appealable, and we outline the applicable standard of review, we remand this case to the district court to cure a serious jurisdictional defect.
I
A
On December 19, 1985, a federal grand jury for the District of Maine returned two indictments against the appellant Louis Distasio, Sr. (and others) in connection with two…
2Cases cited21 opinions
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- United States v. DiFrancescoSupreme Court of the United States · 1980
- Berman v. United StatesSupreme Court of the United States · 1937
- United States v. Herbert A. EllenbogenCourt of Appeals for the Second Circuit · 1968
- United States v. Frank Hayes, Dorothy Foley Hayes and Alice BaldwinCourt of Appeals for the Fifth Circuit · 1979
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3Cited by56 opinions
- United States v. MartinCourt of Appeals for the First Circuit · 2008
- United States v. Gillam KerleyCourt of Appeals for the Seventh Circuit · 1988
- United States v. HurleyCourt of Appeals for the First Circuit · 1995
- United States v. Luciano MosqueraCourt of Appeals for the First Circuit · 1995
- United States v. Anthony DecologeroCourt of Appeals for the First Circuit · 1987
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