United States v. McGaughy

TYMKOVICH, Circuit Judge.

This case requires us to consider a district court’s subject-matter jurisdiction to re-sentence a defendant under Rule 35 of the Federal Rules of Criminal Procedure after 14 days have passed from sentencing. We hold the 14-day limitation is jurisdictional and precludes a district court from acting on a Rule 35 motion after 14 days have passed.

Appellant Michael McGaughy pleaded guilty to possession with intent to distribute marijuana, and the district court sentenced him to 46 months’ imprisonment. Months later, McGaughy filed a motion under § 2255 motion alleging…