United States v. Glenn Colvin

ARNOLD, Circuit Judge.

Defendant appeals from the dismissal of his motion for reduction of sentence under Rule 35 of the Federal Rules of Criminal Procedure. The district court held that it lacked jurisdiction to hear a Rule 35 motion that was filed within 120 days of an order of commitment on revocation of probation, but more than 120 days after the original imposition of sentence. We reverse.

On July 7, 1978, defendant Glenn Colvin pleaded guilty to Count I of an indictment for violating 18 U.S.C. §§ 1001 and 1002. On October 10, 1978, the district court sentenced Colvin to

imprisonment for a…