United States v. Aguilar-Reyes, No. 10-10216 (9th Cir. 2011)
Annotate this CaseDefendant pled guilty to one count of reentry of removed alien and the district court applied a sixteen-level enhancement for a previous "alien smuggling offense." Defendant filed a motion on March 5, 2010, arguing that the enhancement should not have applied and the district court, twenty-eight days after sentencing, held a hearing on the motion. At a hearing on April 12, 2010, the district court entered an amended judgment and the government subsequently appealed the district court's resentencing of defendant, arguing that the district court did not have jurisdiction to resentence more than fourteen days after sentencing, under Federal Rule of Criminal Procedure 35(a). The court held that the fourteen day provision in Rule 35(a) was jurisdictional and the district court was thus without jurisdiction to resentence defendant. Accordingly, defendant's original sentence must be reinstated. The court further held that, even if the district court had jurisdiction to correct its error, it was still error nonetheless. Accordingly, the amended judgment was vacated and the original judgment was reinstated.
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