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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.