United States v. Garcia

In this sentencing appeal, the government challenges the district court’s jurisdiction to reduce the defendant’s original sentence in an order entered beyond the seven-day time limit set by 18 U.S.C. § 3582 and Federal Rule of Criminal Procedure 35 for modification of a sentence, contending that the order must be vacated and the original sentence reinstated. The defendant argues in response that the government has waived any objection to the question of jurisdiction under Rule 35 and that, because the district court imposed only a conditional sentence at his sentencing hearing, the later…