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Legal Opinion

United States v. Phillips

Court of Appeals for the Eleventh Circuit

Decided February 23, 2010No. 08-17248, 09-11210PublishedCited by 58 opinions

1Opinion of the Court

HULL, Circuit Judge:

This sentencing appeal presents questions regarding the interplay of 18 U.S.C. § 3582(c), Federal Rule of Criminal Procedure 35(a), and motions for reconsideration. Specifically, does Rule 35(a)’s seven-day time limit for correcting errors in sentences apply to a reduced sentence stemming from a § 3582(c)(2) proceeding? We first recount the events leading to this appeal.

I. BACKGROUND

A. Phillips’s 1989 Original Sentence

Following a jury trial in 1989, Ronald Reginald Phillips was convicted of six drug-related offenses involving more than 50 grams of crack cocaine and a…

2Cases cited23 opinions

  1. Carlisle v. United StatesSupreme Court of the United States · 1996
  2. United States v. DieterSupreme Court of the United States · 1976
  3. United States v. MooreCourt of Appeals for the Eleventh Circuit · 2008
  4. United States v. HealySupreme Court of the United States · 1964
  5. United States v. IbarraSupreme Court of the United States · 1991

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3Cited by58 opinions

  1. United States v. RollinsCourt of Appeals for the Seventh Circuit · 2010
  2. United States v. Pedro Rafael Caraballo-MartinezCourt of Appeals for the Eleventh Circuit · 2017
  3. United States v. Jerry Jerome AndersonCourt of Appeals for the Eleventh Circuit · 2014
  4. United States v. Charles LLewlynCourt of Appeals for the Eleventh Circuit · 2018
  5. United States v. Jazzman Rickeem BrownCourt of Appeals for the Eleventh Circuit · 2018

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