United States v. Marco Olarte-Rojas

W. EUGENE DAVIS, Circuit Judge:

Marco Antonio Olarte-Rojas pleaded guilty to one count of transportation of an alien within the United States by means of a motor vehicle for purposes of financial gain and was ultimately sentenced to 57 months of imprisonment with no supervised release. On appeal, he argues that he should not have received an enhancement for use of a dangerous weapon and that the district court had no jurisdiction to resentence him to correct its error in sentencing him the' day before. For the reasons set forth below, we affirm.

I. Background

The presentence report (“PSR”) set…