Legal Opinion
United States v. Cody
District Court, N.D. Georgia
Decided March 26, 1987No. Crim. No. CR-86-178-APublished
1Opinion of the Court
ORDER
O’KELLEY, District Judge.
Presently before the court in the above-styled case is the motion of the defendant Cody for a reduction of sentence imposed by this court on July 17, 1986. The motion was filed with the clerk on November 13, 1986, but was not submitted to the court for some time thereafter.
The first issue that the court will address is whether it has jurisdiction to rule on this motion since more than 120 days have lapsed since the court sentenced the defendant. The court was concerned that certain recent legislative enactments made the 120-day time limit found in Federal Rule of…
2Cases cited7 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Fallen v. United StatesSupreme Court of the United States · 1964
- Perry v. Commerce Loan Co.Supreme Court of the United States · 1966
- United States v. Santiago Mario MendozaCourt of Appeals for the Fifth Circuit · 1978
- United States v. Sherman Lee RiceCourt of Appeals for the Eleventh Circuit · 1982
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