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U.S. v. LUNA-ACOSTA

No. 12-2089.

715 F.3d 860 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Adrian LUNA-ACOSTA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 3, 2013.

Attorney(s) appearing for the Case

Margaret A. Katze , Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Jennifer M. Rozzoni , Assistant United States Attorney, ( Kenneth J. Gonzales , United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, SEYMOUR and LUCERO, Circuit Judges.

BRISCOE, Chief Judge.

Adrian Luna-Acosta appeals the district court's written judgment imposing a sentence of thirty-three months' imprisonment, filed five months after the district court had orally announced a sentence of twelve months' imprisonment. Luna-Acosta argues that the district court lacked jurisdiction under Fed.R.Crim.P. 35(a) to modify his twelve-month sentence. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand with instructions...

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