United States v. Marcel Fernando Jordan, United States of America v. Mark Christopher Meng

Defendants Marcel Jordan and Mark Meng appeal the district court’s order cor recting their original sentences. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand for resentencing.

I

FACTS

Jordan and Meng were convicted of multiple felonies including nineteen counts of mail fraud. On May 21, 1987, the district court sentenced Jordan and Meng to serve twelve years in prison for each of the nineteen mail fraud counts. These twelve-year terms were to run concurrently. The court also ordered payment of certain fines and restitution, but this part of the order is not at issue.

Approximately seven months later, Jordan and Meng filed motions to correct their twelve-year sentences pursuant to Federal Criminal Rule 35(a). The maximum legal sentence for mail fraud is five years. 18 U.S.C. § 1341 (1982). The district court’s twelve-year sentences were illegal. Jordan and Meng moved the court to reduce the illegal sentences to five years for each count and argued that the sentences should run concurrently.

The government responded with a partial opposition to the defendants’ motions. It agreed the twelve-year terms of the sentences were illegal, but it moved to…