United States of America, Plaintiff-appellee, v. James Vincent Albertini, Defendant-appellant, 891 F.2d 296 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 891 F.2d 296 (9th Cir. 1989)

Argued and Submitted Nov. 3, 1989. Decided Dec. 6, 1989


Appeal from the United States District Court for the District of Hawaii, Spencer M. Williams, District Judge, Presiding.

Before SNEED, KOZINSKI and DAVID R. THOMPSON, Circuit Judges.


The conditional reduction of sentence ordered on July 29, 1988, was an illegal split sentence under 18 U.S.C. § 3651. See United States v. Clayton, 588 F.2d 1288, 1292 (9th Cir. 1979). Albertini filed a notice of appeal before the district court rescinded the illegal sentence; however, Fed. R. Crim. P. 35(a) grants courts jurisdiction to correct an illegal sentence at any time. Doyle v. United States, 721 F.2d 1195, 1198 (9th Cir. 1983). Accordingly, the district court acted properly in rescinding the conditional reduction and reinstating Albertini's original lawful sentence. We dismiss as moot Albertini's appeal of the conditional reduction, and affirm the reinstatement of his original sentence.

NO. 88-1345, DISMISSED AS MOOT; NO. 88-1457, AFFIRMED.

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* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.