United States v. Cecilio Dejesus Betancur

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Cecilio Dejesus BETANCUR, Defendant-Appellant. No. 90-10547. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1992. * Decided Aug. 5, 1992. Before EUGENE A. WRIGHT, FARRIS and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Cecilio Betancur appeals the district court's correction of his sentence under Fed.R.Crim.P. 35 for possession with intent to distribute cocaine in violation of 21 U.S.C. 841(a)(1). He contends that: 1) his original sentence was lawfully imposed and therefore not correctable; and 2) the district court's higher resentence violated the Double Jeopardy Clause. We affirm. 3 Betancur argues that the district court's authority is limited to resentencing defendants in cases remanded from the court of appeals. See Fed.R.Crim.P. 35(a). We disagree. Rule 35 permits appeals and remands for illegally imposed sentences. Congress did not intend to…