United States v. Charles Richard Kemner

Fifth Circuit

United States v. Charles Richard Kemner

578 F.2d 1165, 1978 U.S. App. LEXIS 9348

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 25, 1978

Docket78-1697

StatusPublished

Cited by2 cases

This text of 578 F.2d 1165 (United States v. Charles Richard Kemner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Charles Richard Kemner, 578 F.2d 1165, 1978 U.S. App. LEXIS 9348 (5th Cir. 1978).

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Opinion

PER CURIAM:

Appellant, sentenced on October 28,1977, filed his Rule 35 motion for reduction of sentence on March 7, 1978 — 130 days after sentence was imposed. That rule permits a sentencing judge to reconsider a sentence “within 120 days after the sentence is imposed . . .” Whatever latitude may exist for consideration by the judge after this period of motions filed within it, the judge is without jurisdiction to consider motions not filed within it. United States v. Flores, 507 F.2d 229 (5th Cir. 1975).

Appellant’s motion was for this reason correctly denied.

AFFIRMED.

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PER CURIAM:

Appellant, sentenced on October 28,1977, filed his Rule 35 motion for reduction of sentence on March 7, 1978 — 130 days after sentence was imposed. That rule permits a sentencing judge to reconsider a sentence “within 120 days after the sentence is imposed . . .” Whatever latitude may exist for consideration by the judge after this period of motions filed within it, the judge is without jurisdiction to consider motions not filed within it. United States v. Flores, 507 F.2d 229 (5th Cir. 1975).

Appellant’s motion was for this reason correctly denied.

AFFIRMED.

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Bluebook (online)

578 F.2d 1165, 1978 U.S. App. LEXIS 9348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-richard-kemner-ca5-1978.

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