United States v. Michael D. Sanders

Eighth Circuit

United States v. Michael D. Sanders

111 F. App'x 855

CourtCourt of Appeals for the Eighth Circuit

DecidedOctober 26, 2004

Docket04-2366

StatusUnpublished

This text of 111 F. App'x 855 (United States v. Michael D. Sanders) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Michael D. Sanders, 111 F. App'x 855 (8th Cir. 2004).

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Opinion

PER CURIAM.

Michael D. Sanders, a Missouri prisoner, appeals the final judgment entered in the District Court 1 for the Western District of Missouri summarily denying Sanders’s motion to correct his criminal sentence. Sanders pleaded guilty to a drug offense and was sentenced to 84 months imprisonment (to be served concurrently with a state sentence) and 6 years supervised release. More than three months after sentencing, he moved to correct his sentence under Fed.R.Crim.P. 35, or alternatively to reduce his sentence in accordance with U.S.S.G. § 5G1.3(b). We conclude the district court did not abuse its discretion in denying the motion, as the court lacked jurisdiction to alter the sentence more than seven days after its imposition. See Fed.R.Crim.P. 35(a) (within 7 days after sentencing, court may correct sentence that resulted from arithmetical, technical, or other clear error); United States v. Austin, 217 F.3d 595, 597 (8th Cir.2000) (district court has no jurisdiction to alter sentence more than 7 days after its imposition, even if sentence was legally erroneous); United States v. Gruenberg, 53 F.3d 214, 215 (8th Cir.1995) (per curiam) (standard of review).

Accordingly, we affirm. See 8th Cir. R. 47A(a).

1

. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

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PER CURIAM.

Michael D. Sanders, a Missouri prisoner, appeals the final judgment entered in the District Court 1 for the Western District of Missouri summarily denying Sanders’s motion to correct his criminal sentence. Sanders pleaded guilty to a drug offense and was sentenced to 84 months imprisonment (to be served concurrently with a state sentence) and 6 years supervised release. More than three months after sentencing, he moved to correct his sentence under Fed.R.Crim.P. 35, or alternatively to reduce his sentence in accordance with U.S.S.G. § 5G1.3(b). We conclude the district court did not abuse its discretion in denying the motion, as the court lacked jurisdiction to alter the sentence more than seven days after its imposition. See Fed.R.Crim.P. 35(a) (within 7 days after sentencing, court may correct sentence that resulted from arithmetical, technical, or other clear error); United States v. Austin, 217 F.3d 595, 597 (8th Cir.2000) (district court has no jurisdiction to alter sentence more than 7 days after its imposition, even if sentence was legally erroneous); United States v. Gruenberg, 53 F.3d 214, 215 (8th Cir.1995) (per curiam) (standard of review).

Accordingly, we affirm. See 8th Cir. R. 47A(a).

1

. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

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111 F. App'x 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-d-sanders-ca8-2004.

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