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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.
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