Legal Opinion
United States v. Paul John Carbo
Court of Appeals for the Ninth Circuit
Decided February 23, 1973No. 72-2399PublishedCited by 4 opinions
1Per curiam
Carbo appeals from an order denying his motion under Rule 35, F.R.Crim.P. to correct and reduce sentence, verse. We re-
On December 2, 1961, Carbo was sentenced to twenty-five years in prison. Notice of appeal was filed, and Carbo elected under Rule 38(a)(2) not to begin to serve his sentence. On May 16, 1962, he elected to begin serving the sentence. Carbo now seeks credit for the period between December 2, 1961, and May 16, 1962, that he spent in custody.
The district court denied Carbo’s motion on jurisdictional grounds. The court held that a motion under Rule 35 is not the proper remedy.…
2Cases cited6 opinions
- John Aldridge v. United StatesCourt of Appeals for the Ninth Circuit · 1969
- George E. Myers v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1971
- Richard L. Bujese v. United StatesCourt of Appeals for the Third Circuit · 1968
- Gregory Comulada v. G. W. Pickett, WardenCourt of Appeals for the Seventh Circuit · 1972
- Fred Davis v. United StatesCourt of Appeals for the Seventh Circuit · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. Larry W.G. GiddingsCourt of Appeals for the Ninth Circuit · 1984
- State v. AquiNew Mexico Supreme Court · 1986
- State v. AquiNew Mexico Supreme Court · 1986
- United States v. Bernard Vincent MontgomeryCourt of Appeals for the Ninth Circuit · 1994