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U.S. v. McGAUGHY

No. 11-2030.

670 F.3d 1149 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Anthony McGAUGHY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 29, 2012.

Attorney(s) appearing for the Case

Scott M. Davidson , The Appellate Law Office of Scott M. Davidson, Ph.D., Esq., Albuquerque, NM, for Appellant.

David N. Williams , Assistant United States Attorney ( Kenneth J. Gonzales , United States Attorney with him on the brief), Office of the United States Attorney, Albuquerque, NM, for Appellee.

Before BRISCOE, Chief Judge, TYMKOVICH, Circuit Judge, and FREUDENTHAL, Chief District Judge.

TYMKOVICH, Circuit Judge.

This case requires us to consider a district court's subject-matter jurisdiction to re-sentence a defendant under Rule 35 of the Federal Rules of Criminal Procedure after 14 days have passed from sentencing. We hold the 14-day limitation is jurisdictional and precludes a district court from acting on a Rule 35 motion after 14 days have passed.

Appellant Michael McGaughy pleaded guilty to possession with intent to distribute marijuana...

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