United States v. Michael Harris, Aka: "Tall Make"

98 F.3d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael HARRIS, aka: "Tall Make", Defendant-Appellant. No. 95-50562. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 10, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Michael Harris appeals the district court's denial of his post-judgment motion for correction of his sentence. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court's denial of a motion for correction of sentence for illegality or gross abuse of discretion. United States v. Stump, 914 F.2d 170, 172 (9th Cir.1990). We affirm. 3 Harris contends that the district court erred by denying his motion for correction of sentence because this court's remand with respect to Harris's co-defendants requires the district court to resentence Harris. We disagree. 4 A district court's authority to resentence a defendant…