Legal Opinion

Commonwealth v. Aquino

Northern Mariana Islands Commonwealth Trial Court

Decided November 10, 1986No. CRIMINAL CASE NO. 85-136Published

1Opinion of the Court

ORDER. RE: MOTION TO REDUCE SENTENCE

The defendant, Juan Aquino, through counsel,•filed a motion to reduce his sentence. Pursuant to Rule 35(b), Com.R.Crim.Pro., the defendant may move to reduce a sentence within 120 days after the sentence is imposed. In this case, sentence was imposed on Mr. Aquino on June 26, 1986. Defendant's motion was filed on October 7, 1986 which is within the 120 day period. The defendant requested the hearing date, of November 6, 1986 which is beyond the 120 day period.

A 1985 amendment to Rule 35(b) provides . that the court shall determine the motion within a…

2Cases cited4 opinions

  1. United States v. Glenn ColvinCourt of Appeals for the Eighth Circuit · 1981
  2. Irizzary v. United StatesDistrict Court, D. Massachusetts · 1973
  3. United States v. Edward Farish Cumbie, and Willard CumbieCourt of Appeals for the Fifth Circuit · 1978
  4. United States v. OrlandoDistrict Court, E.D. New York · 1962

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