United States Third Circuit
US v. Washington, 07-1523, 07-1884, 07-2541
Federal district courts lack the inherent power to vacate a sentence procured by fraud, any such power having been abrogated by the enactment of 18 U.S.C. section 3582(c) and the amendments to FRCP 35. Because the government moved to vacate defendant's sentence well beyond the 7-day period provided for in Rule 35, the district court lacked jurisdiction to hear the motion or vacate the sentence.
Appellate Information
- Decided 12/11/2008
- Published 12/11/2008
Judges
- Before: SLOVITER, GREENBERG, Circuit Judges, and IRENAS, Senior District Judge.
Court
- United States Third Circuit
Counsel
- For Appellant:
- David L. McColgin, Esq., (Argued), Maureen Kearney Rowley, Esq., Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA, for Appellant.
- For Appellees:
- Patrick L. Meehan, Esq., Robert A. Zauzmer, Esq., Stephen A. Miller, Esq., (Argued), Office of the United States Attorney, Philadelphia, PA, for Appellee.