Alfred B. Diggs v. United States

OPINION OF THE COURT

BECKER, Circuit Judge.

Federal Rule of Criminal Procedure 35(b) gives a district court the power to reduce a sentence it previously imposed upon a crim*241inal defendant; the rule also states, generally speaking, that this reduction must take place, if at all, within 120 days of a final decision upholding the conviction. In the case before us, which is an appeal from a district court denial of a motion for collateral relief under 28 U.S.C. § 2255, the district court, after waiting two and a half years, granted prisoner Alfred Diggs’ rule 35(b) motion, and then reversed itself,…