Darwin J. Urry v. United States

The appellant was charged with the interstate transportation of a stolen automobile in violation of Title 18 U.S.C. § 2312. A guilty plea was entered and he was sentenced. More than sixty days after sentencing, appellant filed a motion for modification of sentence. The trial court denied appellant’s motion on the ground that it was untimely.

Appellant urges that authority to modify the sentence following the expiration of sixty days is found in Rule 45(c) and in United States v. Murray, 275 U.S. 347, 48 S.Ct. 146, 72 L.Ed. 309, and that such authorities prevail over Rule 35 of the Rules of…