Legal Opinion

United States v. Elrader Browning, Jr.

Court of Appeals for the Ninth Circuit

Decided January 4, 2013No. 11-50520Unpublished

1Opinion of the Court

MEMORANDUM **

Elrader Browning, Jr., appeals pro se from the district court’s order denying his motion for correction of an illegal sentence under Federal Rule of Criminal Procedure 35. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Browning contends that the district court erred by denying his Rule 35 motion. He argues that his sentence is illegal because the sentencing court did not have jurisdiction to sentence him nunc pro tunc on counts 38-43 of his conviction after he had already filed his initial notice of appeal, and because the court’s imposition of sentence on those…

2Cases cited6 opinions

  1. United States v. Horace Henry MathewsCourt of Appeals for the Ninth Circuit · 1987
  2. Young v. HolderCourt of Appeals for the Ninth Circuit · 2012
  3. United States v. RobertsonCourt of Appeals for the Ninth Circuit · 1994
  4. United States v. Ronald StumpCourt of Appeals for the Ninth Circuit · 1990
  5. United States v. MontalvoCourt of Appeals for the Ninth Circuit · 2009

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