· 7/5/1994
United States v. Raymond Joseph Lopez
Citations
- 26 F.3d 512
- 1994 U.S. App. LEXIS 16521
- 1994 WL 317912
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that leave to amend is proper when amendment 27 is not futile
- holding that a district court only has authority to modify a sentence as provided by § 3582(c) and when a resentencing takes place outside the 7-day window “the district court lacked jurisdiction to act pursuant to Rule 35(c)”
- holding that a district court only has authority to modify a sentence as provided by § 3582(c) and when a resentencing takes place outside the 7-day window “the district court lacked jurisdiction to act pursuant to Rule 35(c)”
- stating that the seven days from imposition of sentence within which the district court can correct technical errors is \jurisdictional\ under Federal Rule of Criminal Procedure 35(c), which was added to Rule 35 with the 1991 amendment that also revised Rule 35(b
- \ Rule 36 does not encompass sentence modifications in the sense contemplated by § 3582(c).\
- both holding that Rule 35(c)’s seven day time limit for action by the district court is jurisdictional
Source: CourtListener parenthetical corpus (CC0).
Judges: Wisdom, Jones, Fitzwater
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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