United States v. Michael J. Corbitt

FLAUM, Circuit Judge.

After a jury found Michael Corbitt guilty of participating in a RICO conspiracy, Cor-bitt was sentenced under pre-Sentencing Guidelines law to a twenty-year prison term. About two and a half years after this sentence was imposed, the government asked the district court to resentence Corbitt, arguing that his original sentence was illegal because it should have been imposed under the Guidelines. The district court granted the government’s motion and resentenced Cor-bitt under the Guidelines, again to a twenty-year term but effectively increasing the actual prison time he…