United States v. Todd Penna

INTRODUCTION

We must decide whether the seven-day limitation in Federal Rule of Criminal Procedure 35(c) for correcting a sentence is a strict jurisdictional requirement or whether a district court may modify a sentence more than seven days after its oral pronouncement. We hold that the seven-day requirement in Rule 35(c) is a jurisdictional requirement. Here, because the district court vacated Penna’s sentence within seven days, but did not resentence him within the same seven day period, it lacked jurisdiction under Rule 35(c) to resentence Penna. Under these circumstances, we reverse the district court’s modified sentence on Count I and remand with directions to reinstate his original sentence.

BACKGROUND

On April 3, 2000, Todd Penna pled guilty to conspiracy to possess with intent to distribute and manufacture marijuana in violation of 21 U.S.C. § 846 , possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1), and manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1). These charges stemmed from Penna’s participation in a conspiracy to construct marijuana grow sites at private homes located in Temecula and Murrietta, California,…