In Re United States of America, on Petition for Writ of Mandamas United States of America v. Ricky Lan Jumper
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Years after he had sentenced each of these defendants to imprisonment for bank fraud crimes, the district court apparently had second thoughts and issued orders reducing their sentences to time served and freeing them from jail. The government seeks review of these actions by appeal or, alternatively, mandamus. 1 In our circuit, mandamus is the appropriate remedy. Because the district court utterly lacked jurisdiction to reduce its criminal sentences after the period contemplated by Fed.R. Crim.P. 35 had expired, we must grant the writ. 2
The pertinent background…
2Cases cited18 opinions
- United States v. AddonizioSupreme Court of the United States · 1979
- Robert Lee Wilson v. Irvin T. Taylor, as Acting Chairman and Examiner, Civil Service BoardCourt of Appeals for the Fifth Circuit · 1981
- United States v. Terry Wayne Denson, Stephen Orlando and Joseph James Janish, in Re United States of AmericaCourt of Appeals for the Fifth Circuit · 1979
- United States v. HenryCourt of Appeals for the Fifth Circuit · 1983
- United States v. Martin Garcia-PilladoCourt of Appeals for the Fifth Circuit · 1990
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3Cited by9 opinions
- United States v. Raymond Joseph LopezCourt of Appeals for the Fifth Circuit · 1994
- United States v. Raynard McDowellCourt of Appeals for the Seventh Circuit · 1997
- United States v. GrantCourt of Appeals for the Fifth Circuit · 2007
- United States v. Joseph Byerley, in the Matter of United States of AmericaCourt of Appeals for the Seventh Circuit · 1995
- United States v. CoonanDistrict Court, S.D. New York · 1990
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