United States v. DeVito

RULING ON MOTION FOR REDUCTION OF SENTENCE

DALY, Chief Judge.

In this case the Court must determine whether it has jurisdiction to decide the defendant’s motion for reduction of sentence under Rule 35, Fed.R.Crim.P. With the defendant present in the courtroom on April 14, 1983, the Court orally sentenced the defendant to a term of two years incarceration with a five year special parole .term for a violation of 21 U.S.C. § 841. On April 20, 1983, the Court filed with the Clerk of Court the signed judgment and commitment order in this matter. Approximately four months later, on August 18, 1983,…