Legal Opinion
Richards v. United States
Court of Appeals for the D.C. Circuit
Decided April 22, 1954No. 11674_1PublishedCited by 7 opinions
1Opinion of the Court
EDGERTON, Circuit Judge.
Appellant was convicted of grand larceny, and sentenced to a term of 20 months to five years, on June 19, 1950. June 27, 1950 his counsel filed a notice of appeal, and also a motion to reduce sentence. July 11, 1950 the District Court entered an order (dated June 30) purporting to reduce the minimum sentence to 13 months.
The provision in Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C. that “The court may reduce a sentence within 60 days after the sentence is imposed” is not applicable during an appeal. The District Court’s order was therefore invalid. On…
2Cases cited3 opinions
- United States v. MorganSupreme Court of the United States · 1954
- Fiswick v. United StatesSupreme Court of the United States · 1946
- Richards v. United StatesCourt of Appeals for the D.C. Circuit · 1951
3Cited by7 opinions
- United States v. MarcheseCourt of Appeals for the Ninth Circuit · 1965
- Burton v. United States Olympic CommitteeDistrict Court, C.D. California · 1983
- United States v. WalkerDistrict Court, S.D. New York · 1955
- Britton v. United StatesDistrict Court, E.D. Tennessee · 1981
- United States of America and Preston Smith, Warden of United States Correctional Institution at Terminal Island, California v. Michele Marchese, United States of America and R. W. May, Warden of United States Correctionalinstitution at Terminal Island, California v. Jesse Del BonoCourt of Appeals for the Ninth Circuit · 1965
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