United States Seventh Circuit

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U.S. v. Smith, 05-1638

Denial of a motion for resentencing is vacated and remanded with instructions to dismiss for lack of subject matter jurisdiction after a determination that statutory limits on the substantive authority of district court judges in sentencing modifications rendered the motion outside the court's jurisdiction.

Appellate Information

  • Argued 02/09/2006
  • Decided 02/23/2006
  • Published 02/23/2006


  • EASTERBROOK, Circuit Judge., Before BAUER, EASTERBROOK, and WOOD, Circuit Judges.


  • United States Seventh Circuit


  • For Appellees:
  • Stuart D. Fullerton (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Roger H. Dusberger (argued), Chicago, IL, for Defendant-Appellant.