United States v. Robert O. White

BRIGHT, Circuit Judge.

In a § 2255 proceeding, the district court undertook to modify an eight-year prison sentence imposed upon appellee Robert O. White, said modification being made under the authority of our opinion in Kortness v. United States, 514 F.2d 167 (8th Cir. 1975). The Government in this appeal asserts that the sentencing court did not have the authority or jurisdiction to modify White’s sentence. For reasons set forth below, we reverse and vacate the order of the district court.

Robert O. White pleaded guilty to a federal bank robbery charge and came before the United States…