United States v. Benz, 282 U.S. 304 (1931)

United States v. Benz

No. 112

Argued December 8, 1930
Decided January 5, 1931
282 U.S. 304

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. A federal district court which has imposed a sentence of imprisonment upon a defendant in a criminal case has power, during the same term of court, to amend the sentence by shortening the term of imprisonment, although the defendant already has been committed and has entered upon service of the sentence. United States v. Murra, 275 U.S. 347, distinguished. P. 306.

2. Thus, to reduce a sentence by amendment is as much a judicial act as was the imposition of the sentence in the first instance; it is not a usurpation of the pardoning power of the executive. P. 311.

Response to a question certified by the circuit court of appeals, on an appeal by the government from an order of the district court reducing a sentence of imprisonment.