Court of Appeals for the Third Circuit July 14, 1978, No. 78-1370 (United States v. Dansker)

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The principal issue presented for decision requires us to construe the 120-day time limitation of Fed.R.Crim.P. 35 in a convoluted criminal proceeding in which a motion for a new trial was filed in the district court after appellant Joseph Diaco had exhausted a direct appeal from his conviction.