United States v. Santiago Mario Mendoza

GOLDBERG, Circuit Judge:

The sole question presented by this appeal is whether a district court always loses jurisdiction to act upon a motion for reduction of sentence under Rule 35 of the Federal Rules of Criminal Procedure at the expiration of the 120 day period provided by the rule. The issue is at the same time both intriguing and troubling, in part because, as the able Assistant United States Attorney candidly remarked at' oral argument, the words of the statute are so clearly in the government’s favor, yet there are so many cases supporting the defendant’s position. We agree with the…