United States v. Nunzio

The government’s petition raises the basic question of whether a trial judge may rule, beyond the 120-day period specified in Super.Ct.Cr.R. 35(a), upon a timely filed motion for reduction of sentence. In holding that Judge Nunzio was without authority to act, the majority adopts a position unsupportable by precedent. I would hold that a trial judge has a reasonable time within which to act upon a timely filed motion for reduction of sentence, that Judge Nunzio, under the circumstances of this case, acted within a reasonable time and, therefore, that the extraordinary remedy of mandamus…