United States v. Gregory Thompson, AKA Scott Wade Morgan

Gregory Thompson appeals from an order of the district court denying his motion to correct illegal sentence pursuant to Fed. R.Crim.P. 35(a). Thompson contends that when his sentence was changed from five years imprisonment and five years special parole to two years imprisonment and eight years special parole, the increase in the special parole term was illegal. He also argues that the modified sentence is invalid because he was not personally present when his sentence was changed. Because we conclude that Thompson’s sentence was reduced, it was not illegal and his presence was not required. Accordingly, we affirm.

I

On May 21, 1986, Gregory Thompson pleaded guilty to a charge of importing 480 pounds of marijuana into the United States from the Republic of Mexico in violation of 21 U.S.C. § 952 . He was sentenced to five years imprisonment and a special parole term of five years. He did not appeal his conviction or sentence, and he began serving his sentence on December 1, 1986.

On February 9, 1987, Thompson filed a motion for reduction of his sentence pursuant to Fed.R.Crim.P. 35(b), which at the time provided that a defendant could move to reduce his sentence within 120 days…