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.
- 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.