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United States v. Robinson

United States Court of Appeals, Third Circuit
Mar 24, 1972
457 F.2d 1319 (3d Cir. 1972)

Opinion

No. 71-1482.

Submitted March 6, 1972.

Decided March 24, 1972.

Steven Robinson, pro se.

John T. Thorn, Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Appeal from the United States District Court for the Eastern District of Pennsylvania.

Before BIGGS, VAN DUSEN and ALDISERT, Circuit Judges.


OPINION OF THE COURT


Some two years after appellant was sentenced for bank robbery, he filed a petition under F.R.Cr.P. 35 requesting reduction of sentence. Reasoning that the request was not timely because it was considerably beyond the 120-day period provided in the rule, the district court denied the application; whereupon an appeal was lodged here.

The 120-day time limitation stated in Rule 35 "is jurisdictional and cannot, under any circumstances, be extended by order of the court. Criminal Rule 45(b); United States v. Robinson, 361 U.S. 220, 226, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)." United States v. Ellenbogen, 390 F.2d 537, 541 (2d Cir.), cert. denied, 393 U.S. 918, 89 S.Ct. 241, 21 L.Ed.2d 206 (1968). See also, United States v. Olds, 426 F.2d 562, 565 (3d Cir. 1970).

We have considered the other contentions raised by appellant and find them to be without merit.

The judgment of the district court will be affirmed.


Summaries of

United States v. Robinson

United States Court of Appeals, Third Circuit
Mar 24, 1972
457 F.2d 1319 (3d Cir. 1972)
Case details for

United States v. Robinson

Case Details

Full title:UNITED STATES OF AMERICA v. STEVEN ROBINSON, #93377, APPELLANT

Court:United States Court of Appeals, Third Circuit

Date published: Mar 24, 1972

Citations

457 F.2d 1319 (3d Cir. 1972)

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