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Phillips: Rule 35(a) deadline applies to 3582(c)(2) resentencings

By Tim Cone

In U.S. v. Phillips, No. 08-17248 (Feb. 23, 2010), the Court held that the seven-day deadline for correction of sentence under Fed. R. Crim. P. 35(a) [now 14-days, as of Dec. 1, 2009] applies to sentences imposed in response to a motion to reduce sentence under 18 U.S.C. § 3582(c)(2). Because the 7-day deadline is jurisdictional, the district court did not have jurisdiction to consider the government?s motion for reconsideration, which was filed more than 7-days after the court resentenced the defendant under § 3582(c)(2). Consequently, the Court vacated the amended sentence and remanded the case with instructions to reimpose the originally (defense-favorable, though legally incorrect) § 3582(c)(2) sentence.The Court rejected the government?s argument that Rule 35(a) did not apply to § 3582(c)(2) resentencings...continue to full post

Full post as published by Defense Newsletter Blog on February 24, 2010 (boomark / email).