Garmany

MEMORANDUM *

Because the parties are familiar with the facts and procedural history of this matter, we will not repeat them here. The district court’s authority to resentence Garmany under former Federal Rule of Criminal Procedure 35 was limited to the illegal portions of Garmany’s sentence. United States v. Moreno-Hernandez, 48 F.3d 1112, 1116 (9th Cir.1995) (stating that the “authority to vacate and amend a sentence pursuant to Rule 35 extends only to the illegal portion of the sentence, and does not empower the district court to reach legal sentences previously imposed”) (quoting United States v. Minor, 846 F.2d 1184, 1188 (9th Cir.1988)) (internal alterations omitted); United States v. Contreras-Subias, 13 F.3d 1341, 1344 (9th Cir.1994) (noting that when a portion of a sentence is illegal the district court may “only change the sentence[ ] by lopping off the illegal excess” and not by altering the legal portion of the sentence) (quoting United States v. Jordan, 895 F.2d 512, 514 (9th Cir.1989)).

The sentence entered on Count 1 was illegal because, despite the intention of the original sentencing court to grant eligibility, Garmany was statutorily ineligible for parole under…