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Legal Opinion

United States v. Thomas Hankton

Court of Appeals for the Fifth Circuit

Decided November 16, 2017No. 16-31126 Consolidated with 16-31144, Consolidated with 16-31152PublishedCited by 13 opinions

1Opinion of the Court

HAYNES, Circuit Judge:

When Derrick Smothers, Terrell Smothers, 1 and Thomas Hankton (collectively, “Defendants”) were originally sentenced, each received a sentence reduction for previously serving time on related state charges. Thirteen days after sentencing, the Government requested that the district court “correct” their sentences under Federal Rule of Criminal Procedure 35(a) to eliminate those reductions. Because Rule 35(a) may be invoked only “[w]ithin 14 days after sentencing,” the district court had only a day to consider an issue that one Bureau of Prisons (“BOP”) attorney labeled…

2Cases cited19 opinions

  1. Puckett v. United StatesSupreme Court of the United States · 2009
  2. United States v. WilsonSupreme Court of the United States · 1992
  3. Equal Employment Opportunity Commission v. Simbaki, Ltd.Court of Appeals for the Fifth Circuit · 2014
  4. United States v. Jose Escalante-ReyesCourt of Appeals for the Fifth Circuit · 2012
  5. United States v. MartinezCourt of Appeals for the Fifth Circuit · 2001

14 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. In Re U.S. Bureau of Prisons, DEPT. OF JUSTICECourt of Appeals for the Fifth Circuit · 2019
  2. United States v. MasseyCourt of Appeals for the Fifth Circuit · 2023
  3. United States v. Dominic LindseyCourt of Appeals for the Fifth Circuit · 2020
  4. United States v. WrightCourt of Appeals for the Fifth Circuit · 2023
  5. United States v. Cantu-CoxCourt of Appeals for the Fifth Circuit · 2022

8 more not listed; retrieve them via the Exa API.

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