UNITED STATES v. HENRY

Nos. 81-4107, 81-4254.

680 F.2d 403 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Bullock HENRY a/k/a Imari Abubakari Obadele, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Wayne JAMES, a/k/a Offoga Quaddus, and Thomas Norman, a/k/a Hekima Ana, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 14, 1982.


Attorney(s) appearing for the Case

Fred L. Banks, Jr., Jackson, Miss. (Court-appointed), for Henry.

James B. Tucker, Asst. U.S. Atty., Jackson, Miss., Patty Merkamp Stemler, U.S. Dept. of Justice, Washington, D.C., for U.S.

Barbara Y. Phillips, San Francisco, Cal., for James and Norman.

Before GEE and JOHNSON, Circuit Judges, and VAN PELT, District Judge.


VAN PELT, District Judge:

The issue before this court on appeal is whether, after a defendant has successfully brought a Rule 35 motion to correct an illegal sentence challenging only one count out of multiple counts, the sentencing court may vacate not only the sentence on the illegal challenged count, but also increase the sentence on an unchallenged count in order to achieve the trial court's original sentencing intent. Defendants contend the trial court erred...

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