United States Third Circuit
US v. Higgs, 06-3738
The seven-day time requirement set forth in Rule 35(a) of the Federal Rules of Criminal Procedure is jurisdictional. An order denying a motion for reduction of sentence under Rule 35(a) is vacated and the appeal dismissed as the district court lacked jurisdiction to enter the order.
Appellate Information
- Decided 10/04/2007
- Published 10/04/2007
Judges
- Before: SLOVITER, SMITH, and WEIS, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- John S. Furlong, Furlong & Krasny, West Trenton, NJ, Attorney for Appellant.
- For Appellees:
- George S. Leone, Office of United States Attorney, Newark, NJ, John J. Hoffman, Office of United States Attorney Trenton, NJ, Attorneys for Appellee.