United States v. Johnny Ray Johnson, A/K/A James Evans, A/K/A Michael Lee Charles

In this case, the defendant contends that the government broke its plea bargain not to make a sentence recommendation when it opposed the defendant’s Rule 35, F.R. Crim.Proc., 1 reduction of sentence motion.

Since we are without power to entertain this appeal if the motion for reduction of sentence was not filed within 120 days, United States v. Mehrtens, 494 F.2d 1172, 1175, n. 1 (5 Cir. 1974); United States v. Granville, 456 F.2d 1073 (5 Cir. 1972), we have determined, sua sponte, that a discussion of jurisdiction is appropriate. On August 26, 1977, the defendant pled guilty to various…