Gerald D. Peterson v. United States

Appellant Gerald D. Peterson appeals from a denial of his “Motion for Reduction of Sentence” pursuant to Rule 35, Fed.R.Crim.P. Since Peterson’s motion was filed on October 24, 1969, more than 120 days after the denial of his application for writ of certiorari on June 2, 1969, by the United States Supreme Court on his direct appeal, 1 and since the denial order was not suspended pending his application for rehearing, 2 Peterson’s motion for a discretionary reduction of sentence under Rule 35 was out of time. Rule 45(b), Fed.R.Crim. P., expressly states that the court may not extend the time…