United States v. Isaacs

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Oral argument was recently heard on defendant’s motion for reduction of sentence under Rule 35, F.R.Cr.P., or in the alternative a correction of the original sentence pursuant to 28 U.S.C. § 2255. Neither the Government nor the defendant introduced evidence.

Defendant contends that the Court retained jurisdiction to reduce his sentence under Rule 35, F.R.Cr.P., because his motion was filed within 120 days of receipt of the mandate from the Supreme Court. Rule 35 provides as follows:

“The court may correct an illegal sentence at any time and may correct…