Legal Opinion
Lawrence D'AllesAnDro v. United States
Court of Appeals for the Second Circuit
Decided May 1, 1975No. 797, Docket 74-2682PublishedCited by 8 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
Rule 35 of the Federal Rules of Criminal Procedure empowers a district judge to reduce a sentence within, but only within, 120 days after sentence was imposed. 1 Thereafter release from a stated term of imprisonment is in the hands of the Board of Parole, 18 U.S.C. § 4201 et seq. The United States contends that in this case the district judge has, in effect, taken over functions belonging to the Board. We agree, and reverse the judgment appealed from.
Appellee Lawrence D’Allesandro was one of six defendants charged in a multicount indictment filed on August 16, 1972, in…
2Cases cited26 opinions
- McCarthy v. United StatesSupreme Court of the United States · 1969
- United States v. WilsonSupreme Court of the United States · 1975
- United States v. TateoSupreme Court of the United States · 1964
- Watts v. IndianaSupreme Court of the United States · 1949
- United States v. RumelySupreme Court of the United States · 1953
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3Cited by8 opinions
- United States v. Tom E. Tiler, Roy Y. Sakai and Ty-Sak Agencies, Ltd.Court of Appeals for the Second Circuit · 1979
- United States v. Daniel MacKlinCourt of Appeals for the Second Circuit · 1975
- United States v. William T. SomersCourt of Appeals for the Third Circuit · 1977
- United States v. KahaneDistrict Court, E.D. New York · 1975
- In Re BentleySupreme Court of Vermont · 1984
3 more not listed; retrieve them via the Exa API.