U.S. v. DIAZ-CLARK

No. 01-12343.

292 F.3d 1310 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Hector Ramon DIAZ-CLARK, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 5, 2002.


Attorney(s) appearing for the Case

Anne R. Schultz, Miami, FL, for Plaintiff-Appellant.

Philip Carlton Jr., Miami, FL, for Defendant-Appellee.

Before ANDERSON and MARCUS, Circuit Judges, and MIDDLEBROOKS, District Judge.


MIDDLEBROOKS, District Judge:

In this appeal, we are presented with the specific question of whether a district court has jurisdiction, after the expiration of the time provided by Rule 35 of the Federal Rules of Criminal Procedure and without any federal habeas corpus petition before it, to reduce a prisoner's sentence based upon its conclusion that the sentence it had originally imposed was erroneous due to a grouping error under the Sentencing Guidelines. Because...

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