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U.S. v. AGUILAR-REYES

No. 10-10216.

653 F.3d 1053 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Marcelino AGUILAR-REYES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2011.

Attorney(s) appearing for the Case

Dominic Lanza , Assistant U.S. Attorney, Phoenix, AZ, for the plaintiff-appellant.

Brian I. Rademacher , Assistant Federal Public Defender, Tucson, AZ, for the defendant-appellee.

Before: BARRY G. SILVERMAN and SUSAN P. GRABER, Circuit Judges, and BARBARA M.G. LYNN, District Judge.

OPINION

LYNN, District Judge:

The government appeals the district court's resentencing of Defendant Aguilar-Reyes, arguing that the district court did not have jurisdiction to resentence more than fourteen days after sentencing, under Federal Rule of Criminal Procedure 35(a). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(b)(1), and we vacate the amended judgment.

I. Background

On March 9, 2008, Arizona police...

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