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U.S. v. PHILLIPS

Nos. 08-17248, 09-11210.

597 F.3d 1190 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Reginald PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 23, 2010.

Attorney(s) appearing for the Case

Thomas Jake Waldrop, Stephanie Kearns, Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Phillips.

William H. Thomas, Jr., John Andrew Horn, Atlanta, GA, for U.S.

Before CARNES, HULL and ANDERSON, Circuit Judges.

HULL, Circuit Judge:

This sentencing appeal presents questions regarding the interplay of 18 U.S.C. § 3582(c), Federal Rule of Criminal Procedure 35(a), and motions for reconsideration. Specifically, does Rule 35(a)'s seven-day time limit for correcting errors in sentences apply to a reduced sentence stemming from a § 3582(c)(2) proceeding? We first recount the events leading to this appeal.

I. BACKGROUND

A. Phillips's 1989 Original...

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