Legal Opinion
United States v. Ross
Court of Appeals for the Fifth Circuit
Decided February 3, 2009No. 07-41098PublishedCited by 14 opinions
1Opinion of the Court
OWEN, Circuit Judge:
Timothy Patrick Ross pled guilty to one count of possession of child pornography and was sentenced to sixty months imprisonment. Shortly after the initial sentencing hearing, the district court sua sponte resentenced Ross to seventy months to correct what it deemed to be “clear error” within the meaning of Federal Rule of Criminal Procedure 35(a). Ross argues that the district court did not have the authority to make this modification. We agree. Accordingly, we vacate and remand for reinstatement of the original sentence.
I
Ross was arrested after a police search of his…
2Cases cited17 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. OlanoSupreme Court of the United States · 1993
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- Kimbrough v. United StatesSupreme Court of the United States · 2007
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3Cited by14 opinions
- John Hall v. Variable Annuity Life Ins Co.Court of Appeals for the Fifth Circuit · 2013
- United States v. MezaCourt of Appeals for the Fifth Circuit · 2010
- United States v. Luna-AcostaCourt of Appeals for the Tenth Circuit · 2013
- United States v. Thomas HanktonCourt of Appeals for the Fifth Circuit · 2017
- United States v. Marco Olarte-RojasCourt of Appeals for the Fifth Circuit · 2016
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