United States Sixth Circuit

Revision of defendant's sentence following a plea agreement to possession of marijuana plants is vacated where the district court's decision to resentence defendant so as to incorporate the statutory mandatory minimum exceeded its authority under Federal Rule of Criminal Procedure 35(a).

Appellate Information

• Decided 01/17/2006
• Published 01/17/2006

Judges

• Before:  SILER and GRIFFIN, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Diane L. Dougherty, Akron, Ohio, for Appellant.   Bruce A. Khula, United States Attorney, Cleveland, Ohio, for Appellee.