United States v. Henry

VAN PELT, District Judge:

The issue before this court on appeal is whether, after a defendant has successfully brought a Rule 35 motion to correct an illegal sentence challenging only one count out of multiple counts, the sentencing court may vacate not only the sentence on the illegal challenged count, but also increase the sentence on an unchallenged count in order to achieve the trial court’s original sentencing intent. Defendants contend the trial court erred because (1) under Fed.R. Crim.P. 35 the trial court had no authority to modify a legal sentence that had not been challenged; and…