Phillips: A Crack Reduction Is a Sentence Under Rule 35

Kish Law LLC

Congratulations to Jake Waldrop and the Federal Defender Office here in Atlanta for winning one at the Court of Appeals this week! Yesterday, the Eleventh Circuit held that Federal Rule of Criminal Procedure 35, which imposes a seven-day jurisdictional time limit on modifications of sentences, applies to crack resentencings, as well as original sentencings.

The opinion in the case, U.S. v. Phillips, is available here.
The Federal Defender blog has a post on the case here.
More information on crack resentencing is available here at the Sentencing Law and Policy blog.

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