Legal Opinion
United States v. Whelan
District Court, D. New Jersey
Decided August 23, 1978No. Civ. 76-2220 (Cr. 567-70)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
BIUNNO, District Judge.
Pursuant to mandate of the Court of Appeals after the decision in Addonizio v. U. S. (Appeals of Whelan and Flaherty), 573 F.2d 147 (CA-3, 1978), the dismissal of the motions of Whelan and Flaherty for reduction or modification of sentence under 28 U.S.C. § 2255 was reversed, and the matter remanded for reconsideration because in this court’s ruling, 427 F.Supp. 379 (D-N.J., 1977), it had taken the law to be that there was no jurisdiction.
At the time of the initial ruling, the Court of Appeals had found § 2255 jurisdiction, after the 120-day limit set by Rule…
2Cases cited11 opinions
- Affronti v. United StatesSupreme Court of the United States · 1955
- United States v. MurraySupreme Court of the United States · 1928
- Raymond S. Berry v. United StatesCourt of Appeals for the Third Circuit · 1969
- United States v. Anthony Salerno Appeal of William SilvermanCourt of Appeals for the Third Circuit · 1976
- United States v. William T. SomersCourt of Appeals for the Third Circuit · 1977
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3Cited by4 opinions
- United States v. Garden State National BankDistrict Court, D. New Jersey · 1979
- United States v. MogaveraDistrict Court, D. New Jersey · 1982
- United States v. QuinonesDistrict Court, D. New Jersey · 1980
- Whelan v. United StatesCourt of Appeals for the Third Circuit · 1979