United States v. Luna-Acosta

BRISCOE, Chief Judge.

Adrian Luna-Acosta appeals the district court’s written judgment imposing a sentence of thirty-three months’ imprisonment, filed five months after the district court had orally announced a sentence of twelve months’ imprisonment. Luna-Acosta argues that the district court lacked jurisdiction under Fed.R.Crim.P. 35(a) to modify his twelve-month sentence. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand with instructions to vacate the thirty-three month sentence and file a written judgment consistent with the orally announced sentence of twelve months. 1