Alfred E. Warren v. United States

The issue presented by this appeal questions the timeliness of appellant’s motion for reduction of sentence under Rule 35 of the Federal Rules of Criminal Procedure, which- provides in part:

The [District] court may reduce a sentence * * * within 60 days after receipt by the court of a mandate issued upon, affirmance of the judgment or dismissal of the appeal,

The District Court dismissed appellant’s motion for lack of jurisdiction, holding that it had been filed too late. The facts relevant to this ruling are somewhat involved. Appellant pled guilty to a charge of robbery on August 16, 1963,…