United States First Circuit

Defendant's sentence for drug possession is vacated and remanded, where: 1) defendant's timely notice of appeal following his motion to correct his sentence that predated any action on the motion by the district court did not create appellate jurisdiction of the district court's subsequent jurisdiction of the motion; but 2) there is jurisdiction to review the defendant's separate claim of procedural error in the imposition of the sentence itself; and 3) the district court committed plain error in its imposition of the sentence.

Appellate Information

• Decided 01/27/2014
• Published 01/27/2014

Judges

• SELYA

Court

• United States First Circuit

Counsel