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U.S. v. SPAULDING

No. 13-1376.

802 F.3d 1110 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Dean SPAULDING, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 1, 2015.

Attorney(s) appearing for the Case

Anthony Viorst , The Viorst Law Offices, P.C., Denver, CO, for Defendant-Appellant.

James C. Murphy , Assistant United States Attorney ( John F. Walsh , United States Attorney, and Stephanie N. Gaddy , Special Assistant United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellee.

Before GORSUCH, SENTELLE, and MURPHY, Circuit Judges.

I. INTRODUCTION

This case presents a significant jurisdictional question: Does 18 U.S.C. § 3231, which grants district courts original jurisdiction over federal criminal cases, allow a district court, absent government objection, to set aside a criminal judgment that contains a term of imprisonment at any time...

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