United States v. Higgs

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This court has an obligation to inquire sua sponte into its own jurisdiction and, necessarily, into the jurisdiction of the District Court to enter the order on appeal. In the case before us, defendant Charles Higgs appeals from the order of the District Court denying his motion for reduction of sentence under Rule 35(a) of the Federal Rules of Criminal Procedure. For the reasons set forth below in some detail, we conclude that the District Court lacked jurisdiction to enter the order.

I

On October 29, 2004, Higgs waived indictment and pled guilty to…