United States Eleventh Circuit

Defendant's drug and firearm possession sentence is vacated where, under 18 U.S.C. section 3582(c) and Fed. R. Crim. P. 35(a), the district court on January 26, 2009 did not have jurisdiction after seven days had passed to modify and vacate defendant's 324-month sentence imposed on December 5, 2008.

Appellate Information

• Decided 02/23/2010
• Published 02/23/2010

Judges

• HULL, Circuit Judge:, Before CARNES, HULL and ANDERSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Thomas Jake Waldrop, Stephanie Kearns, Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Phillips., William H. Thomas, Jr., John Andrew Horn, Atlanta, GA, for U.S.