United States v. Ersel Stollings

HAYNSWORTH, Chief Judge.

The question is whether the district court loses jurisdiction to act upon a motion for reduction of a sentence under Rule 35, Fed.R.Crim.P., at the expiration of the applicable 120 day period, though a motion for such reduction had been filed within that time period. We hold that jurisdiction is not lost under such circumstances, at least for so long as the judge reasonably needs time to consider and act upon the motion.

Rule 35 provides in pertinent part:

“The court may reduce a sentence within 120 days after the sentence is imposed, or within 120 days after receipt by…