United States v. Gaertner
District Court, E.D. Wisconsin
1Opinion of the Court
*272DECISION AND ORDER
WARREN, District Judge.
The post-sentencing motion for reduction of sentence now pending in this case presents the recurring question of whether the Court retains jurisdiction under Rule 35(b) of the Federal Rules of Criminal Procedure to modify a sentence more than 120 days after the sentence is final. The Court feels compelled in this case to follow the recent dictates of the Seventh Circuit that federal courts do not retain jurisdiction to decide a Rule 35(b) motion more than 120 days after the sentence is final. The Court therefore denies the present motion and lets stand…
2Cases cited8 opinions
- United States v. AddonizioSupreme Court of the United States · 1979
- 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. Robert L. Demier, Barbara Demier, in Re United States of AmericaCourt of Appeals for the Eighth Circuit · 1982
- United States v. Stojilko KajevicCourt of Appeals for the Seventh Circuit · 1983
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3Cited by2 opinions
- Thomas D. Gaertner v. United StatesCourt of Appeals for the Seventh Circuit · 1985
- Thomas D. Gaertner v. United StatesCourt of Appeals for the Seventh Circuit · 1985