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U.S. v. MORRISON

No. 98-5323.

204 F.3d 1091 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Scott William MORRISON, a.k.a. Scott Willie Morrison, a.k.a. Donald Aitcheson, a.k.a. Donald Howard Aitcheson, a.k.a. Donald Gary Aitcheson, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 25, 2000.

Attorney(s) appearing for the Case

Lori E. Barrist, Fed. Pub. Defender, West Palm Beach, FL, Richard C. Klugh, Jr., Fed. Pub. Defender, Miami, FL, Kathleen M. Williams, Fed, Pub. Defender, Tampa, FL, for Defendants-Appellants.

Adalberto Jordan, Evelio J. Yera, Marc Fagelson, Miami, FL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, CARNES, Circuit Judge, and OAKES, Senior Circuit Judge.

CARNES, Circuit Judge:

Scott William Morrison appeals his 46 month sentence for reentering the United States without the permission of the Attorney General after deportation, in violation of 8 U.S.C. § 1326(a). His appeal presents us with the question of whether a district court has jurisdiction under Rule of Criminal Procedure 35(c) to correct a sentence if the court sets the sentence aside within seven days of orally pronouncing it in open court but does not...

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