Legal Opinion
In Re the United States of America, (Two Cases). United States of America v. Bonnie Ann Cole, United States of America v. Harold Leon Motley, Sr.
Court of Appeals for the Fourth Circuit
Decided November 29, 1978No. 78-1409, 78-5152, 78-1423 and 78-5156PublishedCited by 7 opinions
1Opinion of the Court
WIDENER, Circuit Judge:
The United States, by direct appeals and by petitions for mandamus or prohibition, asks this court to prevent the district court from modifying the prison sentences of Bonnie Ann Cole and Harold Leon Mot ley, Sr. Because both cases deal with the power of a district judge to reduce a sentence after the expiration of 120 days after sentencing, F.R.Cr.P. 35, 1 they were consolidated for oral argument and decision. For the reasons stated below, we hold that the district court acted beyond its jurisdiction in both cases. Prohibition being an appropriate remedy where the…
2Cases cited10 opinions
- Bradley v. United StatesSupreme Court of the United States · 1973
- United States v. Ersel StollingsCourt of Appeals for the Fourth Circuit · 1975
- Frad v. KellySupreme Court of the United States · 1937
- United States v. The Honorable John K. Regan, United States District Judge,respondentsCourt of Appeals for the Eighth Circuit · 1974
- United States v. Johnny Lee Roy Norton, in Re United States of AmericaCourt of Appeals for the Fifth Circuit · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. James Richard Bello, United States of America v. James Richard BelloCourt of Appeals for the Fourth Circuit · 1985
- United States v. Joseph E. KrohnCourt of Appeals for the Fifth Circuit · 1983
- Brown v. United StatesDistrict of Columbia Court of Appeals · 1980
- United States v. Jesus John HernandezCourt of Appeals for the Tenth Circuit · 1992
- United States v. James Richard Bello, United States of America v. James Richard BelloCourt of Appeals for the Fourth Circuit · 1985
2 more not listed; retrieve them via the Exa API.