Ajan v. United States, No. 09-6366 (6th Cir. 2013)
Annotate this CaseAjan was convicted of several drug-related offenses, aiding and abetting a kidnapping, and two section 924(c) firearm offenses and sentenced to a term of 646 months of imprisonment. After unsuccessful direct appeal, he sought to vacate his sentence under 28 U.S.C. 2255. The district court entered an amended judgment and new sentence without conducting a resentencing hearing. Without obtaining a certificate of appealability (COA), Ajan appealed. The Sixth Circuit vacated and remanded, first holding that a COA was not required because Ajan was appealing a previously unreviewed aspect of his criminal case. The district court corrected Ajan’s sentence by excising the unlawful term and reentering Ajan’s original term on the remaining counts. While the court has general statutory authority to correct a sentence, whether it erroneously believed it had to correct Ajan’s sentence in lieu of resentencing is not clear, based on its one-sentence explanation for the sentence correction.
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