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U.S. v. GORDON K.

No. 00-2189.

257 F.3d 1158 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. GORDON K., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 9, 2001.

Attorney(s) appearing for the Case

Robert E. Kinney, Assistant Federal Public Defender, Las Cruces, New Mexico (Stephen P. McCue, Federal Public Defender, Albuquerque, New Mexico and Shari Lynn Allison, Research and Writing Specialist, Las Cruces, New Mexico, with him on the briefs) for Defendant-Appellant.

Mary Catherine McCulloch, Assistant United States Attorney (Norman C. Bay, United States Attorney, with her on the brief) Albuquerque, New Mexico, for Plaintiff-Appellee.

Before EBEL, HOLLOWAY, and JONES, Circuit Judges.

JONES, Circuit Judge.

Appellant, Gordon K., a juvenile, appeals the district court's modification of his original sentence to include an order of restitution. Appellant argues that the district court lacked the authority under Federal Rule of Criminal Procedure 35(c) to modify his original sentence. For the reasons provided below, we REVERSE the district court's order of restitution and remand to the district court with instructions to reinstate the original sentence...

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