United States v. Hankton, No. 16-31126 (5th Cir. 2017)Annotate this Case
When defendants were originally sentenced, each received a sentence reduction for previously serving time on related state charges. The government then requested that the district court "correct" defendants' sentences pursuant to Federal Rule of Criminal Procedure 35(a) to eliminate the reductions. The Fifth Circuit held that defendants' initial sentences were not "clear error" correctable under Rule 35(a). Accordingly, the court vacated the order correcting defendants' sentences and reinstated the original judgments for each defendant.