Court of Appeals for the Second Circuit April 18, 1972, 484, Docket 71-1840 (Vincent Francis McGee Jr. v. United States)

TIMBERS, Circuit Judge

(dissenting) :

Until today’s majority decision, our Court has never reversed, vacated or modified a discretionary order of a trial judge on a Rule 35 motion to reduce sentence. Nor has the Supreme Court ever sanctioned the disturbing of a trial judge’s discretion on such a motion.