United States v. Santiago Mario Mendoza

This case raises only one issue: whether a District Court has power under Rule 35 of the Federal Rules of Criminal Procedure to reduce a sentence when more than 120 days had elapsed since it received from the appellate court a mandate affirming the judgment against defendant, although only 50 days had elapsed when the sentenced defendant filed an appropriate motion for reduction, and the District Court’s delay in action was due to circumstances beyond defendant’s control.

The facts of this case are simple. September 7, 1976 the District Court received the mandate of this court affirming the…