United States v. Joshua Bruce Vicol

OPINION

KARL S. FORESTER, Senior District Judge.

This case requires us to determine what action a district court must take to remain within the jurisdictional limitations of Federal Rule of Criminal Procedure 35(a), which permits a court to “correct a sentence” no later than seven days after that sentence is orally pronounced. Today we hold that the phrase “correct a sentence” as used in Rule 35 requires a district court to actually resentence a defendant within seven (7) days after the court first orally sentences that defendant. We find that in the present case the district court acted beyond…