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SUPREME COURT OF THE UNITED STATES. No. 112.—Octoser Term, 1930. On Certificate from the United States Circuit Court of Appeals for the Third Circuit. The United States of America, us. Edward Benz [January 5, 1931.] Mr. Justice SUTHERLAND delivered the opinion of the Court. This case is here on a certificate from the court below under § 239 of the Judicial Code, ag amended by the act of February 13, 1925, c. 229, 43 Stat. 936, 938; U. &. C., Title 28, §346. Benz was indicted for a violation of the National Prohibition Act. He entered a plea of guilty and was sentenced to imprisonment for a term of ten months beginning December 27, 1929. While undergo- ing imprisonment under this sentence, and before expiration of the term of the federal district court which had imposed the sentence, he filed a petition asking that the sentence be modified. The court, over the objection of the United States, entered an order reducing the term of imprisonment from ten to six months. The government appealed, and the court below, desiring the instruc- tion of this Court, certified the following question: ** Aftor a District Court of the United States has imposed a sen- tence of imprisonment upon a defendant in a criminal case, and after he has served a part of the sentence, has that court, during the term in which it was imposed, power to amend the sentence by shortening the term of imprisonment?”’ The contention of the government is that after the defendant has been committed and has entered upon service of a valid sen- tence, the power of the court to alter the sentence, even at the same term, has come to an end. In addition, some stress is put upon the fact that the powers of the three departments of government are separated by the Constitution, so that one of the departments may not exercise the powers conferred upon either of the others; and it is suggested that from this separation the implication fairly