Legal Opinion
United States v. Robert L. Demier, Barbara Demier, in Re United States of America
Court of Appeals for the Eighth Circuit
Decided March 10, 1982No. 81-2053, 81-2271PublishedCited by 62 opinions
1Opinion of the Court
BRIGHT, Circuit Judge.
The Government, by appeal (No. 81-2053) and petition for writ of mandamus (No. 81-2271), challenges the power of the district court to issue an order reducing the sentences of Robert L. DeMier and his wife, Barbara, from three-years’ imprisonment to twenty months. The DeMiers had filed a timely motion for reduction of sentence, which the court granted approximately ten months later, outside the 120-day time period prescribed by Rule 35 of the Federal Rules of Criminal Procedure. 1
The Government asserts that the district court lacked jurisdiction to act more than 120 days…
2Cases cited20 opinions
- United States v. AddonizioSupreme Court of the United States · 1979
- Enrique Reyes Leyvas v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- United States v. Ersel StollingsCourt of Appeals for the Fourth Circuit · 1975
- United States v. SmithCourt of Appeals for the Ninth Circuit · 1981
- United States v. Santiago Mario MendozaCourt of Appeals for the Fifth Circuit · 1978
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3Cited by62 opinions
- United States v. John Horak, and United States of America v. John HorakCourt of Appeals for the Seventh Circuit · 1987
- United States v. HenryCourt of Appeals for the Fifth Circuit · 1983
- Alfred B. Diggs v. United StatesCourt of Appeals for the Third Circuit · 1984
- In Re Victoria Johnston Laurain, Debtor. David G. Rogers, Trustee v. Victoria Johnston LaurainCourt of Appeals for the Sixth Circuit · 1997
- In Re Southwest Aircraft Services, Inc.Court of Appeals for the Ninth Circuit · 1987
57 more not listed; retrieve them via the Exa API.