United States v. Henry

RANDALL, Circuit Judge:

We are called upon to affirm or reverse the judgment of the district court increasing a valid sentence — which this court affirmed long ago and which the defendant here had already begun to serve — solely because the defendant had successfully challenged, under rule 35 of the Federal Rules of Criminal Procedure, another sentence that had been imposed in connection with the same criminal transaction.1 The case arises indirectly out of a twenty-minute machine gun and tear gas shoot-out between certain members of the so-called Republic of New Africa and state and federal…