United States v. Walker

Opinion

Case: 25-40754 Document: 53-1 Page: 1 Date Filed: 06/12/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-40754 Summary Calendar FILED ____________ June 12, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Seth Logan Walker,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:24-CR-24-1 ______________________________

Before Wiener, Willett, and Wilson, Circuit Judges. Per Curiam: * After Defendant-Appellant Seth Logan Walker pleaded guilty to aggravated identity theft, the district court imposed a sentence to run concurrently with a state sentence. The court later resentenced Walker to a consecutive term of imprisonment and entered an amended judgment, which he appealed.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-40754 Document: 53-1 Page: 2 Date Filed: 06/12/2026

No. 25-40754

We agree with the parties that the district court lacked jurisdiction to correct an error in the original sentence by resentencing Walker, because it did so more than fourteen days after the original sentencing. See Fed. R. Crim. P. 35(a); Fed. R. Crim. P. 45(b)(2); United States v. Willis, 76 F.4th 467, 472 (5th Cir. 2023). The resentencing and the amended judgment are accordingly void, and therefore there was no judgment from which Walker could appeal for us to review. See Willis, 76 F.4th at 472; United States v. Henderson, 651 F. App’x 261, 262 (5th Cir. 2016). This holding does not impact the original sentence and judgment, which remain in effect. The appeal is DISMISSED.