Can a judge refuse to consider a change in sentencing under Rule 35 of the Criminal Code because of the desirability of permanency of sentence?

MultiRegion, United States of America

The following excerpt is from United States v. Jones, 444 F.2d 89 (2nd Cir. 1971):

It is appellant's contention that the judge's action constituted a refusal to consider changed circumstances because of the desirability of "permanency of sentence." Such a refusal would be contrary to the purposes of Rule 35 and would be erroneous. "Rule 35 is intended to give every convicted defendant a second round before the sentencing judge, and at the same time, it affords the judge an opportunity to reconsider the sentence in the light of any further information about the defendant or the case which may have been presented to him in the interim." United States v. Ellenbogen, 390 F.2d 537, 543 (2d Cir.), cert. denied, 393 U.S. 918, 89 S.Ct. 241, 21 L.Ed.2d 206 (1968).

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