Legal Opinion

United States v. Daniel D. Hayes

Court of Appeals for the Seventh Circuit

Decided December 29, 1992No. 91-3464PublishedCited by 8 opinions

1Per curiam

This case presents the question whether a district court has jurisdiction to decide a motion pursuant to the 1987 version of Rule 35(b) of the Federal Rules of Criminal Procedure when the motion is filed, but not decided, within one year of sentencing. On appeal, defendant-appellant Daniel Hayes asserts that the district court erroneously declined jurisdiction to hear his Rule 35(b) motion. For the following reasons, we reverse and remand.

I. BACKGROUND

An indictment filed October 4, 1989, charged Hayes with one count of possessing, with intent to manufacture, one hundred or more marijuana…

2Cases cited8 opinions

  1. James Deppe, William Deppe, William Clinton Deppe, and Charles Stephen Aggert v. Herman Tripp and Howard WeitekampCourt of Appeals for the Seventh Circuit · 1988
  2. United States v. Ersel StollingsCourt of Appeals for the Fourth Circuit · 1975
  3. United States v. Stojilko KajevicCourt of Appeals for the Seventh Circuit · 1983
  4. United States v. George House, Jr.Court of Appeals for the Seventh Circuit · 1986
  5. Thomas D. Gaertner v. United StatesCourt of Appeals for the Seventh Circuit · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. United States v. Raynard McDowellCourt of Appeals for the Seventh Circuit · 1997
  2. United States v. Daniel HayesCourt of Appeals for the Seventh Circuit · 1993
  3. In Re Phillips, Beckwith & HallDistrict Court, E.D. Virginia · 1995
  4. JumpSport, Inc. v. Jumpking, Inc.District Court, N.D. California · 2003
  5. In Re Victoria Johnston Laurain, Debtor. David G. Rogers, Trustee v. Victoria Johnston LaurainCourt of Appeals for the Sixth Circuit · 1997

3 more not listed; retrieve them via the Exa API.

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