U.S. v. GREEN

No. 04-5105.

405 F.3d 1180 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Darvell Sherrod GREEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 6, 2005.


Attorney(s) appearing for the Case

F.L. Dunn, III, Tulsa, OK, for Defendant-Appellant.

Timothy L. Faerber, United States Attorney's Office for the Northern District of Oklahoma, Tulsa, OK, for Plaintiff-Appellee.

Before EBEL, McKAY and HENRY, Circuit Judges.


EBEL, Circuit Judge.

In this direct criminal appeal, we hold that the district court did not have jurisdiction under Fed.R.Crim.P. 35(a) to resentence Defendant more than seven days after the court orally imposed an earlier sentence. We also conclude that Defendant's waiver of his appellate rights — made before the Supreme Court issued its opinion in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) — is enforceable and...

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