United States v. Dunn

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

On Friday May 25, 1984 counsel for James Dunn (“Dunn”) filed with the Clerk of this Court a motion under Fed.R.Crim.P. (“Rule”) 35 for reduction of the sentence imposed on Dunn by this Court January 30, 1984. In the regular course that motion found its way to this Court’s chambers at the close of the next working day, May 29 (on May '28 the entire District Court had been closed because of the official Memorial Day holiday). That was literally the end of the 120th day after the sentencing date.

At the outset this Court must decry the timing of…