United States v. Ramon Ochoa

I respectfully dissent. The majority’s ruling upholds the draconian decision of the sentencing court to suddenly double the term of incarceration initially pronounced and impose the statutory maximum sentence based solely on a perception that the defendant was laughing at the court. Affirming this injudicious decree of the sentencing court defies the unambiguous language of Rule 35 of the Federal Criminal Rules of Procedure and the express limitation of 18 U.S.C. § 3582(c).

I

The jurisdiction of district courts to reconsider terms of imprisonment after they are imposed is expressly limited by…