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U.S. v. VICOL

No. 05-2155, 05-2156.

460 F.3d 693 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua Bruce VICOL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 6, 2006.

Attorney(s) appearing for the Case

ARGUED: William J. Stevens, Lakeside, Michigan, for Appellant. Timothy P. VerHey, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: William J. Stevens, Lakeside, Michigan, for Appellant. Timothy P. VerHey, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: RYAN and COOK, Circuit Judges; FORESTER, Senior District Judge.

OPINION

KARL S. FORESTER, Senior District Judge.

This case requires us to determine what action a district court must take to remain within the jurisdictional limitations of Federal Rule of Criminal Procedure 35(a), which permits a court to "correct a sentence" no later than seven days after that sentence is orally pronounced. Today we hold that the phrase "correct a sentence" as used in Rule 35 requires a district court to actually resentence a defendant...

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