United States v. Robert Joseph Llinas

RONEY, Circuit Judge:

In this case we hold that the 120-day period for reduction of sentence under Rule 35 runs from the date of the original sentence or the events specified in Rule 35, and does not start over again when the original sentence is reduced pursuant to a prior motion.

Convicted of cocaine violations, Robert Joseph Llinas was sentenced on September 15, 1978. The convictions were affirmed on appeal. United States v. Llinas, 603 F.2d 506 (5th Cir. 1979). The mandate was filed in the district court on November 1, 1979. The Supreme Court denied certiorari on February 28, 1980. 444 U.S.…