United States v. Carlous Lindell Daily

ARNOLD, Circuit Judge.

Carious Daily appeals from the sentence that the district court1 imposed after granting him relief from his previous sentence under 28 U.S.C. § 2255. The government cross-appeals, asserting that relief was time-barred and that the district court had no statutory power to resentence Mr. Daily. We affirm.

I

A jury convicted Mr. Daily of conspiring to commit bank robbery, see 18 U.S.C. §§ 371, committing armed bank robbery, see 18 U.S.C. § 2113(a), (d), and using a firearm during a crime of violence, see 18 U.S.C. §§ 924(c)(1). The court then determined that Mr. Daily’s…