United States v. Green

EBEL, Circuit Judge.

In this direct criminal appeal, we hold that the district court did not have jurisdiction under Fed.R.Crim.P. 35(a) to re-sentence Defendant more than seven days after the court orally imposed an earlier sentence. We also conclude that Defendant’s waiver of his appellate rights— made before the Supreme Court issued its opinion in Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) — is enforceable and bars our consideration of any claims he may assert under United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Defendant pled guilty to…