United States v. The Honorable John K. Regan, United States District Judge,respondents

This mandamus proceeding presents to this court for the first time the question whether a district court may modify or alter a sentence more than 120 days after the judgment of conviction has become final by ordering that the sentence imposed be served pursuant to 18 U.S.C. § 4208(a)(2). A review of the pertinent facts is necessary for an understanding of the issue.

On August 19, 1970, Frank James Tocco, Norris Lee Smith, Ralph Long, and Charles Richmond, named as respondents herein, were each convicted of bank robbery and conspiracy to commit bank robbery, in violation of 18 U.S.C. §§ 2113(a)…