United States v. Reginald Akins

MEMORANDUM

Reginald Akins appeals from the sentence imposed by the District Court after it granted his 28 U.S.C. § 2255 motion to vacate his conviction as to one of the five counts on which he was originally convicted and sentenced. It is uncontested that we have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 and that Akins’s notice of appeal was otherwise timely filed. This Court further exercises de novo review of the district court’s exercise of jurisdiction and of Akins’s constitutional challenges to his sentence. See, e.g., United States v. Raygosa-Esparza, 566 F.3d 852, 854 (9th Cir.2009); United States v. Hock, 172 F.3d 676, 680 (9th Cir.1999); United States v.McClain, 133 F.3d 1191, 1193 (9th Cir.1998). We affirm.

It appears well established that the sentencing process in the multiple-count context generally involves assembling the proper overall sentencing “bundle” or “package.” See, e.g., United States v. Avila-Anguiano, 609 F.3d 1046, 1049 (9th Cir. 2010), cert. denied, — U.S. —, 131 S.Ct. 586 , 178 L.Ed.2d 427 (2010). We accordingly have determined that the district court possesses the jurisdiction to reexamine and alter its prior sentencing…