context: The courts of appeals that have dealt with the issue, however, have allowed the district courts a reasonable period after the 120 days to decide a timely filed motion.
citation_a.signal: no signal
citation_a.parenthetical: "as long as the district judge acts with reasonable speed after the timely motion is filed, the time limit should be flexible enough to give him an opportunity to hear and consider new evidence regarding the appropriateness of the sentence"
citation_a.sentence: United States v. Mendoza, 581 F.2d 89, 90 (5th Cir. 1978) (en banc) (emphasis added) (“if a motion to reduce sentence is properly filed within the 120 days required by the statute, the district court retains jurisdiction for a reasonable time after the expiration of 120 days in those rare circumstances in which it is unable to decide the motion within the 120 day period”); United States v. Stollings, 516 F.2d 1287, 1289-90 (4th Cir. 1975) (emphasis added) (“district judge . . . retains jurisdiction to act upon a timely motion after the expiration of the 120 day period for such reasonable time as, under the circumstances, is required for its consideration and disposition’’); United States v. United States District Court, 509 F.2d 1352, 1356 (9th Cir.) (“as long as the district judge acts with reasonable speed after the timely motion is filed, the time limit should be flexible enough to give him an opportunity to hear and consider new evidence regarding the appropriateness of the sentence”), cert. denied, 421 U.S. 962, 95 S.Ct. 1949, 44 L.Ed.2d 448 (1975).
citation_b.signal: but see
citation_b.parenthetical: district court has jurisdiction to reduce sentence imposed in September 1972 in July 1973 where motion was timely filed
citation_b.sentence: But see United States v. Williams, 573 F.2d 527 (8th Cir. 1978) (district court had power to reduce sentence 167 days after sentencing where motion was timely filed); United States v. Janiec, 505 F.2d 983 (3d Cir. 1974) (district court has jurisdiction to reduce sentence imposed in September 1972 in July 1973 where motion was timely filed), cert. denied, 420 U.S. 948, 95 S.Ct. 1331, 43 L.Ed.2d 427 (1975).