Legal Opinion
United States v. Steven Robinson, 93377
Court of Appeals for the Third Circuit
Decided March 24, 1972No. 71-1482PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Some two years after appellant was sentenced for bank robbery, he filed a petition under F.R.Cr.P. 35 requesting reduction of sentence. Reasoning that the request was not timely because it was considerably beyond the 120-day period provided in the rule, the district court denied the application; whereupon an appeal was lodged here.
The 120-day time limitation stated in Rule 35 “is jurisdictional and cannot, under any circumstances, be extended by order of the court. Criminal Rule 45 (b); United States v. Robinson, 361 U.S. 220, 226, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960).”…
3Cases cited3 opinions
- United States v. RobinsonSupreme Court of the United States · 1960
- United States v. Herbert A. EllenbogenCourt of Appeals for the Second Circuit · 1968
- United States v. Richard Alfansa Olds, Jr., Honorable Herbert P. Sorg, NominalCourt of Appeals for the Third Circuit · 1970
4Cited by24 opinions
- United States v. FerriCourt of Appeals for the Third Circuit · 1982
- Government of the Virgin Islands v. GereauCourt of Appeals for the Third Circuit · 1979
- United States v. Luvenia JohnsonCourt of Appeals for the Third Circuit · 1980
- United States v. DanskerCourt of Appeals for the Third Circuit · 1978
- United States v. William T. Smith, Jr.Court of Appeals for the Third Circuit · 1988
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