United States v. Steven Robinson, 93377

Third Circuit

United States v. Steven Robinson, 93377

457 F.2d 1319, 1972 U.S. App. LEXIS 10515

CourtCourt of Appeals for the Third Circuit

DecidedMarch 24, 1972

Docket71-1482

StatusPublished

Cited by24 cases

This text of 457 F.2d 1319 (United States v. Steven Robinson, 93377) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Steven Robinson, 93377, 457 F.2d 1319, 1972 U.S. App. LEXIS 10515 (3d Cir. 1972).

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Opinion

OPINION OF THE COURT

PER CURIAM:

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.

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OPINION OF THE COURT

PER CURIAM:

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.

United States of America, in Nos. 82-5103 82-5198 v. Francis D. Ferri A/K/A Rick Joseph Laverich, Kenneth R. Matthews, Kenneth R. Matthews, United States of America, in No. 82-3227 v. Honorable Rabe F. Marsh, United States District Judge for the Western District of Pennsylvania, Nominal Kenneth R. Matthews

686 F.2d 147 (Third Circuit, 1982)

United States v. Ferri

686 F.2d 147 (Third Circuit, 1982)

United States v. Ricardo Antonio Gonzalez-Perez

629 F.2d 1081 (Fifth Circuit, 1980)

United States v. Luvenia Johnson

634 F.2d 94 (Third Circuit, 1980)

Government of Virgin Islands v. Gereau

603 F.2d 438 (Third Circuit, 1979)

Government of the Virgin Islands v. Gereau

603 F.2d 438 (Third Circuit, 1979)

Government of the Virgin Islands v. Gary Graves

593 F.2d 223 (Third Circuit, 1979)

United States v. Dansker

581 F.2d 69 (Third Circuit, 1978)

Ramsey v. United States

448 F. Supp. 1264 (N.D. Illinois, 1978)

Hugh J. Addonizio v. United States of America, in No. 77-1542. Thomas J. Whelan, and Thomas M. Flaherty, in No. 77-1621 v. United States of America. Thomas J. Whelan, 73405-158, Thomas M. Flaherty, 73404-158, in No. 77-2373 v. Floyd E. Arnold, Warden, U. S. Penitentiary, Lewisburg, Pa., and Maurice H. Sigler, Chairman, United States Board of Parole

573 F.2d 147 (Third Circuit, 1978)

Addonizio v. United States

573 F.2d 147 (Third Circuit, 1978)

State v. Robinson

372 A.2d 634 (New Jersey Superior Court App Division, 1977)

Graham v. Government of the Virgin Islands

13 V.I. 553 (Virgin Islands, 1977)

In Re Grand Jury Investigation. Appeal of Alexander Hartzell, a Witness

542 F.2d 166 (Third Circuit, 1976)

United States ex rel. Murphy v. Carlson

389 F. Supp. 669 (E.D. Pennsylvania, 1975)

United States v. Lee

382 F. Supp. 292 (S.D. West Virginia, 1974)

United States v. Gary Lee Mack

494 F.2d 1204 (Ninth Circuit, 1974)

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457 F.2d 1319, 1972 U.S. App. LEXIS 10515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-steven-robinson-93377-ca3-1972.

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